2011-10-28_ENFORCEMENT - C1982056

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(c) Cause instability in the disposal areas. TC has an existing apprnzed call urine zeaste disposal facility (Coal Refuse Disposal Area (CRDA)), zehidh currently rewizes caxl processing Taste from the Washplant at the Foidel Creek Mine The inherent practical and operational problem zeith the regulatory definitions and pvzisions is that the CDRMS interprets Rule 4.10.1(1)(b) as mining that no combustibk materials can be placed in the CRDA. As a practical consideration, rand dear -up materials and other zeaste materials from undergroumg zehich fall under the wry broad definition and CDRMS interpretation ij "underground dezelopnrnt zeaste", may contain metal, pieces of cinder block, woolen blares or pieces f timber, pies of coal, coal dust, rock dust etc Gizen the restriction on "cnrrhustible materials" and the practical difficulty 1 separating the materials, the materials cannot be placed in the existing CRDA, and TC has, therefore, had raid dean -up materials laded and transported to an approzed off site disposal facility 3) The CDRMS has through prior decisions and ongoing inspection practices, created and perpetrated confusion relative to permit requirements and what constitutes acceptable practices It wars nezer TC's intent that any zeaste materials from the Foidel Creek Mine be transported to and disposed tin the Deakins Pit The Minerals Group, hozeezer, through approzal of a permit allozeing disposal of nnterial containing tail, and implied consent ozer a period of tine which induded multiple inspections of the Deakins Pit, established and perpetuated the cunaption that placnrnt and disposal (fcazl wastes in the Pit zeas acceptable This con eption indirectly influenced the independent decisions and actions of Bozeer Brothers, in dizerting and waste from the Foidel Creek Mine Gizen the existence this permit; and the language of Rule 4.10.1(2), it is not unreasonabk to conclude that the Deakins Pit is zeithin a permit area (Minerals Permit) and that coal mine waste disposal has been "approzed by the Dizision': In addition to these issues, it is important to note that the identified waste materials of concern (with the exception of the screened coal and coal fines piles at the Ross Pit, and what is identified as Stockpile 2 on page 15 of the 08/18/11 CDRMS Inspection Report) are predominantly mud and clay materials. In addition, any coal and coal - related waste materials from the Foidel Creek Mine should not be a concern relative to surface or groundwater, since coal and overburden materials have been characterized and documented as non -toxic and non acid - forming. In conclusion, TC questions the basis for the NOV and whether it should have been issued to TC, as further detailed by the following comments: Failure to place all underground dezelopnrnt zeaste in existing disposal areas approzed by the Dizision zeithin the Permit Area - Most underground development material either remains underground in abandoned mine areas, or if it is rocky material, is shipped out of the mine on the conveyor belt and routed directly to the CRDA. Only materials which cannot be placed in the CRDA due to " combustibility" concerns are shipped off -site to a State approved disposal facility. Diversion of any waste materials to any location other than a State approved disposal facility was done without TC's knowledge or authorization. Failure to dispose f non -cad zeustes in a State approzed disposal site operated in aaordance zeith local, State, and Federal requirenzmts - TC's policy and practice is to contract for transport and disposal of all non- coal wastes in a State approved disposal facility (Twin Landfill). Diversion of any waste materials to any location other than a State approved disposal facility was done without TC's knowledge or authorization. Failure to conduct all surface coal mining and ra/aration operations only as described in the approzed application Failure to conply zeith the terns and conditions of the permit all applicable performance standards q the A et, and the requirenrnts of the Rules. - To the best of our knowledge and ability, TC has, and continues to, conduct all mining and related activities according to our approved Permit and in full compliance with all applicable laws, rules, and regulations.