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A. History <br />B. Seriousness <br />CV- 2011 -008 <br />Proposed Civil Penalty <br />C- 1981 -012 <br />New Elk Mine <br />CV- 2011 -008 was issued for failing to obtain final approval of Technical Revision No. 60 prior to <br />implementing the proposed changes and for failure to salvage topsoil prior to the construction of two <br />unapproved light use roads. TR -60 was submitted to the Division on October 12, and deemed complete <br />on October 14, 2011. Following the November 16, 2011 inspection (when the alleged violations were <br />observed) the permittee added additional information to the proposed technical revision to incorporate <br />some of the unapproved structures noted during the inspection. The technical revision has not yet been <br />approved. <br />There has been one NOV issued to New EIk Coal Company, LLC at the New EIk Mine during the <br />past twelve months, CV- 2011 -003. $50.00 is assessed for history. <br />Four structures were installed without approval by the Division: a fill with culvert in a drainage, <br />another fill in another drainage and two rock silt traps, one with an unapproved sediment <br />conveyance ditch leading to it. In this case two drainages were partially or wholly blocked. The <br />Division requires plans for drainage structures to ensure that they will function to divert runoff <br />from the disturbed area to an approved sediment control structure; and that they are sized <br />properly to adequately control runoff. This did not occur and presents a significant level of <br />seriousness. <br />Additionally, three Tight use roads were constructed without Division approval: one from the top <br />of the refuse in the Refuse Disposal Area (RDA) through the RDA's 100 -year diversion ditch; one <br />east of the RDA in a previously undisturbed area; and a third in a reclaimed area to access a drill <br />pad for two slurry injection wells. Conversations with Division staff indicate the topsoil was <br />bladed to the road shoulder and will be available for use in reclamation. In this case, the topsoil <br />resource was not lost, but the operator did not provide plans in advance for how the topsoil <br />would be managed. <br />The seriousness of this violation is based on unapproved disturbances— construction of <br />unapproved drainage structures, the partial or total blockage of two drainages and the failure to <br />salvage topsoil prior to road construction. A penalty of $1250.00 is proposed. <br />C. Fault <br />Technical Revision No. 60 had been submitted to the Division with proposed plans for expansion <br />of the Development Waste Disposal Area (DWDA). Without completing the review period and <br />without Division approval, the operator constructed the structures and roads cited in the <br />violation. Several of the structures had not been proposed in the TR -60 application. Following <br />the November 16 inspection, but before the CV -NOV- 2011 -008 was issued, the permittee added <br />additional information to the revision application to address some of the structures that had <br />