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December 22, 2011 C- 1981- 012/New Elk Mine JHB <br />ENFORCEMENT ACTIONS /COMPLIANCE <br />Infraction Number: CV2011006 <br />Inspection Date: November 16, 2011 <br />Date Issued: December 16, 2011 <br />Primary Topic: Hydrologic Balance <br />Secondary Topic: <br />Tertiary Topic: <br />Description: Failure to maintain culverts, ditches and a secondary pond spillway. <br />Abatement 4: 1 <br />Abatement Due Date: 1/9/2012 <br />Abatement Description: Cut willows in Pond 004 emergency spillway down to base of plant <br />Abatement Step 41 was complied with 12/22/2011. <br />Abatement 4: 2 <br />Abatement Due Date: 1/9/2012 <br />Abatement Description: Remove power pole, boulder and shrubs from ditch D -30. <br />Abatement Step 42 was complied with 12/22/2011. <br />Abatement 4: 3 <br />Abatement Due Date: 1/9/2012 <br />Abatement Description: Remove sections of air tubing from Ditch D -16. <br />Abatement Step 43 was complied with 12/22/2011. <br />Abatement 4: 4 <br />Abatement Due Date: 1/9/2012 <br />Abatement Description: Clean out the five culverts under the Refuse Disposal Area (RDA) access <br />road, <br />Abatement Step 44 was complied with 12/22/2011. <br />Abatement 4: 5 <br />Abatement Due Date: 1/9/2012 <br />Abatement Description: Clean out the third in a series of three "clean water" culverts (C2) <br />immediately west of the "C &W Shop ". <br />Abatement step 45 was complied with 12/22/2011. <br />Infraction Number: CV2011007 <br />Inspection Date: November 16, 2011 <br />Date Issued: December 16, 2011 <br />Primary Topic: Excess Spoil & Dev. Waste <br />Secondary Topic: Hydrologic Balance <br />Tertiary Topic: Availability Of Records <br />Description: Failure to conduct surface coal mining operations only as described in the approved <br />application. Failure to have a copy of the third quarter 2011 refuse pile inspection report on file at the <br />mine office in Trinidad, CO. <br />Abatement 4: 1 <br />Abatement Due Date: 12/26/2011 <br />Abatement Description: Submit plan to restore the new underground development waste pile <br />( "DWDA ") to its approved design. <br />Abatement 4: 2 <br />Number of Partial Inspection this Fiscal Year: 6 <br />Number of Complete Inspections this Fiscal Year: 2 <br />Page 6 of 11 <br />