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III. Comments - Compliance <br /> Below are particular issues with regard to any of the compliance items. <br /> Enforcement actions resulting from failure to comply with the Act, Rules and <br /> Regulations, and the permit also are identified below. <br /> It was observed that all coal processing waste from the wash plant was being <br /> trucked to the rock tunnel waste disposal area. The waste was being disposed <br /> of on several areas in rotation; waste would be placed on an area, allowed to <br /> dry, then spread and compacted, while dumping continued on another area. It <br /> appeared that the waste placement was being done in an environmentally sound <br /> manner. <br /> Notice of Violation C-84-154 is being issued for failure to follow the <br /> approved mine plan. Specifically, the quantity and type of coal processing <br /> waste being disposed of on a daily basis is not part of the approved mine <br /> plan. The operator is allowed to dispose of coal processing waste in the form <br /> of trommel screen waste and slurry pond cleaningsat the Rock Tunnel disposal <br /> area if the trommel screen waste is thoroughly mixed with waste rock from the <br /> Rock Tunnel . The average daily quantity of trommel screen waste and slurry <br /> pond cleanings is very small in comparison to the daily quantity of waste from <br /> the wash plant. At the time of this inspection, mining in the Rock Tunnel had <br /> been temporarily stopped. The only waste being disposed of at the Rock Tunnel <br /> waste disposal area was coal processing waste. <br /> Notice of Violtion C-84-154 requires Mid-Continent to obtain Division approval <br /> of a revision for temporary disposal of coal processing waste at the Rock <br /> Tunnel waste disposal area. The Division considered requiring cessation of <br /> the coal processing waste disposal at the Rock Tunnel waste disposal area. <br /> However, the Division determined that disposal at the Rock Tunnel area was <br /> more preferable environmentally than continued disposal at the approved coal <br /> processing waste (refuse) embankment. <br /> The high precipitation in the 1983-84 season has resulted in continual flow <br /> from a spring near the west end of the refuse pile which would normally dry up <br /> during the summer months. This spring has created muddy road conditions. If <br /> Mid-Continent were to truck the refuse to the approved refuse pile, the <br /> traffic would churn-up the mud which could result in hydrologic impacts <br /> through trackage and potentially through channelization away from the sediment <br /> pond. In addition, most of the refuse pile had been regraded in preparation <br /> for revegetation. Additional storage would delay reclamation efforts, <br /> possibly for a year. <br />