1994-03-21_GENERAL DOCUMENTS - C1981017

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27 Staff said that the areas of E-12 and the outslopes of the Grizzly Pad where the coal was deposited were not included in the operator' s current reclamation plan under areas to be reclaimed. Abatement of the violation required that the operator cleanup the cited areas, removing the coal, submit a technical revision to the Division that would address of some of the areas, and implement the approved drainage control plan. The required ground work was completed by the time of the May 25, 1993 inspection and the operator submitted a technical revision on May 20, 1993 . The Division is currently reviewing the submittal; this means that the violation has not yet been completely abated. In reference to the Grizzly Pad, Staff said that when the snow was cleared from the pad area, snow and coal from the pad area were pushed up beyond the containment berm. Staff said that a safety berm was also in place for the shops and facilities area. Staff said that when the snow was removed from the facilities yard area, snow and coal was pushed off of the east side of the pad area (drainage from this area normally drains to the west and is controlled by a sedimentation pond) . Staff said that NOV related the outlet of Culvert E-12 was probably more of a permitting defect, on the parts of the Division and the operator. Staff said that in this case, the operator routed the drainage from the facilities area through the reclaimed area. Mr. John Paul, an attorney representing the operator, said this issue related to a snow management problem at the mine site. Mr. Terry Crowner discussed the elevation of the site, the amount of snowfall and problems with snow removal. He said it is difficult to remove snow from these areas without mixing in some coal, gravel, or mud and pushing it over a berm to some extinct. Mr. Crowner said that at the time of the inspection, the operator had not been able to get equipment up to the site for annual spring cleanup. He said heavy equipment would have caused further damage during that time. Board Member Stewart said she felt the concern about damage from heavy equipment would be applicable to the Grizzly Pad and shop facilities area. She asked Mr. Crowner to address the issue of the plugged culvert. Mr. Crowner said that there is a problem with the culvert during the spring. He said the ditches are not cleaned during the winter, due to the snow and ice. Mr. Crowner said the ice and snow in the ditches are allowed to melt which causes a problem with the culvert. He said that his opinion was that the culvert was not plugged during the time of the inspection.