2013-08-26_ENFORCEMENT - C1981012

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July 23, 2013 C- 1981- 012/New Elk Mine LDS location of drop inlet 1 should be corrected when the map is re- drawn. GENERAL MINE PLAN COMPLIANCE: The response of NECC to the mid -term permit review (MT6, 10/29/2012) was submitted as TR68, but found incomplete. Several maps are to be redrawn as part of this response, but were not included with the original submission. Inspections continue to identify many inconsistencies with the approved maps; the Division anticipates the submission of the revised maps as soon as possible. Some examples of features that should be updated on maps 11, 13 or 14 include: • Containments 1& 2 and nearby topsoil pile • Ditches D6, DI 1,D16, D19, D26, D28, D29, D29b, D39a, D39aa • Unlabelled clean water diversions south of west fan, south of explosives area, south of pond 7 • Culverts C2, C12, C14, C14a, C17, C23, C23a, C26, C30, C51, C52, C54, C70, C71, (C74 ?) • Drop inlet 1 • The slurry injection facility • The substation/parking lot area • The SAE south of pond 7 • The culvert running into drop inlet 3 • The area around the silos and bates portals, including contours and the positions of the conveyors • The contours around the RDA haul road and the explosives storage area (Note that this list is not necessarily comprehensive — it should be viewed in conjunction with the items described in the findings document of MT6) MR 120, dealing with an extension to the bath house building, is in progress. MR121, dealing with changes to the surface water management scheme around the silos and Bates portals, was withdrawn. Rather than re- submit the plan as a technical revision, the Division suggests that it be incorporated into TR68 which will eliminate the complications associated with making multiple changes to the same maps in concurrent revisions. TR64, dealing with a ventilation shaft, and TR67, dealing with two de- watering wells, are both in progress. If the mine plan no longer requires that these projects are completed, the revisions should be withdrawn. PR4, dealing with an expansion of the permit boundary to the east, is in progress. PROCESSING WASTE /COAL MINE WASTE PILES — Rule 4.10 and 4.11 Drainage Control; Surface Stabilization; Placement: A small amount of processing waste had been deposited on the RDA, since some of the stockpiled coal was passed through the wash plant prior to being shipped. A little water was pooled on the RDA. Although ponding was not extensive, it is important that the surface of the RDA is well drained. When conditions allow, the swales in the refuse should be extended to allow drainage of low spots. The benches and faces appeared to be stable. Rock drains were in place ready for further expansion. Topsoil is to be stripped from the slopes above the RDA as the pile grows towards its planned final configuration. Number of Partial Inspection this Fiscal Year: 0 Number of Complete Inspections this Fiscal Year: 1 Page 10 of 29