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Minesite Inspection Narrative <br /> Page 2of4 <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 />