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was not clear until June. Since, the oversight inspection <br /> occurred in the middle of June, they still had a couple of weeks <br /> to conduct their R&G inspection. <br /> Tony Waldron confirmed that the pile was inaccessible during his <br /> May 19 inspection. During the June inspection, snow had melted <br /> off the site. Surficially, the area was dry. The question is <br /> whether or not they were in violation because an inspection had <br /> not been conducted. <br /> Larry presented an analogy to water sampling. If an operator had <br /> not conducted their water sampling by, for example June 17, would <br /> they be in violation? No, they have the entire month to complete <br /> their monitoring. <br /> I conclude this is not a violation. The pile was inaccessible in <br /> May. Two weeks remained in June to conduct the monthly R&G <br /> inspection. The rills and gullies were repaired by July 23 . <br /> NOV C-93-107 <br /> NOV C-93-107 was issued for "failure to inspect a coal mine waste <br /> bank on a quarterly basis" . Larry Routten issued the NOV to MCR <br /> on July 8, 1993 based on the June 14-17, 1993 inspection. The <br /> portion of the operation to which the notice applies is the old <br /> refuse pile. <br /> Representatives of MCR contested the violation. They brought in <br /> a copy of MR-2, dated June 6, 1986, which approved the reduction <br /> of old refuse pile inspection frequency to two (2) per year in <br /> spring and late fall. This is also stated on page 43 of their <br /> permit. <br /> Based on the information presented, I recommend that the NOV be <br /> vacated. <br /> NOV C-93-110 <br /> NOV C-93-110 was issued for "failure to pass disturbed area <br /> runoff through a sediment pond or appropriate treatment <br /> facility". The area in question was a small part of a borrow <br /> area adjacent to the old refuse pile. Above the area where <br /> citizens are concerned Dutch Creek is undercutting the hill <br /> slope. There are a few seeps in the area creating boggy <br /> conditions. Topography is relatively flat, but it does not drain <br /> into the ditch flowing into the sediment pond. Larry Routten <br /> issued this NOV on August 12, 1993 from the Division's office. <br /> There is some history to this NOV that I feel you need to be <br /> aware of. <br /> 6/17/93 DMG inspection identifies problem with drainage <br /> from a small part (approximately 0.13 acre) of a borrow area <br /> adjacent to the old refuse pile. <br />