2013-08-26_ENFORCEMENT - C1981012

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July 23, 2013 C- 1981- 012/New Elk Mine LDS need to be cleaned frequently. Culvert C 13 was clear, which shows the effective design of the sump at the inlet (which was holding water). The sump should be cleaned, and the ditches should be cleaned and re- shaped, as conditions allow. Additionally, Ditch D14 had breached, near the footbridge, allowing disturbed area runoff (sediment from DWDA 2) to flow into the Purgatoire River without first passing through a treatment pond. This ditch was functional during the inspection of April, and no problems were noted in May or June; it seems likely that the breach was a result of recent heavy rain. The Division finds that this is a violation for failure to treat disturbed area runoff before leaving the permit area. This is discussed further in the ENFORCEMENT ACTIONS section of this report. • Culvert C26 does not exist, replaced by an open channel to the river. The clean water system comprising ditches D 11 and D 19, and culverts C 14, C 14a and C30, has been re- routed so that it is not as drawn on map 13. This system should be corrected on the map when it is re- drawn. • The open channel where culvert C26 used to be showed signs of erosion. This is a clean water diversion. The new ditch should be armored to ensure that the clean water does not collect sediment before discharging to the Purgatoire River, which would be a violation of Rule 4.05.3(4). • The new culvert across the gateway to the highway (C14 ?) was partially blocked. The culvert should be cleaned out. • Clean water culvert C30 was in good condition. The need for straw bales at the outlet should be evaluated. If they are deemed necessary, they should be replaced. • The topsoil stockpile SAE had been built up at the eastern end with a berm, replacing the currently approved armored outlet and silt fence. A slight high spot towards the middle of the SAE could be graded out to ensure that water will neither drain to the east nor pond in the middle. At the western end, the silt fence was in place, but some water had piped beneath it. The silt fence should be re- keyed. The SAE design should be revised in the permit to reflect the new configuration at the east end, this should be handled as part of TR68. • Culverts C70 and C71 do not exist. This system should be corrected on the map when it is re- drawn. • Containments 3 and 4 were in good shape. A berm had been built up to ensure that runoff from beneath the conveyor would be directed into containment 3. South of the river: • Culvert C72 was partially blocked at the outlet; C73 was the same; C74 does not exist; ditch D15 was being excavated upstream of the outlet of culvert C13; D32 was in good shape. Culverts C72 and C73 should be cleaned. Since the cleaning of C73 was an item that was identified in the inspection report of April 29, 2013, and is not the subject of a permitting action, the Division finds that this is a violation for failure to maintain culverts in accordance with the approved design. This is discussed further in the ENFORCEMENT ACTIONS section of this report. • Culvert C64 was functional; ditch D32A was functional, although it could be graded to improve the flow through C64; C65 was good; D32B was good, although PVC pipes in D32b should be removed if no longer needed. • Ditch D 16 had been re -cut. Culvert C 16A was clear; C 16B was partially blocked; C 16C was clear; C 16 was functional, but some trash had accumulated at the inlet; vegetation had accumulated at the inlet to C1613; drop inlet 2 was functional, but some trash had accumulated. C16B, C16, C16D and drop inlet 2 Number of Partial Inspection this Fiscal Year: 0 Number of Complete Inspections this Fiscal Year: 1 Page 8 of 29