2013-02-04_ENFORCEMENT - C1996083 (2)

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expanded refuse area, topsoil handling plans, geotechnical investigations, and reclamation costs for the additional 6.1 acres of disturbance. - Additional facts: Pertaining to History • One violation has been issued at the Bowie No. 2 Mine in the last 12 months. NOV CV- 2012 -004 was issued on May 2, 2012 for failure to transport and place coal mine waste to prevent mass movement and failure to divert surface runoff from the fill surface to stabilized channels off the fill. This NOV applied to Gob Pile No. 4. The violation was abated and terminated August 7, 2012. • No Cessation Orders have been issued in the past 12 months. Pertaining to Seriousness • There was no off -site damage resulting from the NOV; the entire disturbance was within the approved permit boundary and draining to approved sediment control structures. • There was a loss of topsoil, in that no topsoil was salvaged prior to the 1.2 acre disturbance cited in the violation. Baseline data indicates that topsoil available in this area ranges from 0" to 14" in depth, depending on gradient and quality. In TR76, we granted a variance from removal where slopes are steeper than 2:1, topsoil is less than 3" deep, or the material is excessively rocky. My observations during my inspection indicated that there appeared to be topsoil that could have been salvaged in the drainage bottoms that were disturbed with fill material. I don't have a good estimate as to the volume. The abatement of the NOV requires salvaging available topsoil in the unauthorized disturbance area, but I'm not sure how successful that will be, given that fill material has been placed on top of topsoil. The operator has not been able to get into the area again because of weather and equipment issues, so I extended this abatement step until February 27, 2013. Once the salvage operations are complete, the operator is to report the outcome to the Division. Pertaining to Fault • The operator indicated that there had been miscommunication between supervision and construction personnel. The supervising entity, Bill Bear, was away on leave when construction personnel started construction of the approved diversion ditch relocation. The operator indicated that construction personnel believed disturbance in between the two refuse areas had been authorized (under the 6.2 acres of disturbance approved in MR132) and moved forward with construction of a roadway to facilitate rip rap installation of the approved diversion ditch. Mr. Bear was aware that the area was not approved for disturbance, but was not on site when construction in that area commenced. • The decision to approve TR76 became final on January 26, 2013. Disturbance in the area was approximately 30 -45 days ahead of the approval.