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Minesite Inspection Narrative <br />Page 2 of 4 <br />According to Mike Mechau these were open during a visit to the site by the Crystal <br />Valley Environmental Protection Association the previous week and may have been <br />open for at least a month <br />As a result of conversation between Larry Routten and Diane Delaney these were <br />filled in during the inspection by a front end loader. Additionally, Mr. Routten <br />informed us that a Notice of Violation would be issued for these openings once he <br />could get a citation number from his office. He also indicated this action would be <br />terminated effective that date as the openings had been filled. <br />As the state took action and the openings were filled before any Federal action <br />could be issued no Federal enforcement action will be issued on this area. <br />The upper of the two waste piles was the next area checked. A coal refuse <br />disposal area had been located on the south side of Dutch Creek on the slope <br />above the stream. At the western end of this area water has been ponding below <br />the toe of the refuse which is 20 feet upslope from an approximately forty foot high <br />vertical face. This face is directly above Dutch Creek. As the result of DMG <br />previously issuing a "Field Revision" the operator had cut a small ditch to route <br />water from the refuse area away from the site but this was inadequate as water <br />was still standing at the base of the refuse and in the small ditch. The water <br />appears to be coming from both runoff from the refuse pile surface and seeps <br />surfacing just above the toe of the refuse pile.' Several of these seeps were <br />observed to be flowing during the inspection. <br />As noted above DMG had addressed the need for a diversion structure by <br />approving the "Field Revision ". That action, however, is not an enforcement action <br />and, according to Mr. Routten, DMG had accepted the limited work accomplished <br />as fully complying with that revision. Mr. Routten was specifically asked if he would <br />take an enforcement action regarding this issue. His response was to decline to <br />take any such action. He was then asked to modify the "Field Revision" to more <br />adequately address the standing water. Again he declined to do so. <br />In addition to the above, past grading activities below the refuse pile have left <br />depressions which either have or could impound water. The ground in these areas <br />is saturated and difficult to traverse. These areas are directly above the near <br />vertical slope which extends down to Dutch Creek. An examination of the face of <br />this slope revealed this to be an actively cutting area with signs of slope failure due <br />to a large amount of slope soil, small trees and clumps of grass deposited at the <br />base of the slope and in contact with Dutch Creek. Also, the face of this slope, <br />approximately 10 feet from the top, exhibits five or six flowing seeps. <br />