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July 23, 2013 C- 1981- 012/New Elk Mine LDS <br />ENFORCEMENT ACTIONS /COMPLIANCE <br />Infraction Number: CV2013007 <br />Inspection Date: July 23, 2013 <br />Date Issued: August 22, 2013 <br />Primary Topic: Hydrologic Balance <br />Description: Failure to treat surface drainage from a disturbed area before leaving the permit area, <br />in violation of Rule 4.05.2(1) <br />Abatement #: 1 <br />Abatement Due Date: 9/16/2013 <br />Ditch D14 should be restored to the approved design. <br />Infraction Number: CV2013008 <br />Inspection Date: July 23, 2013 <br />Date Issued: August 22, 2013 <br />Primary Topic: Hydrologic Balance <br />Description: Failure to maintain ditches, culverts and berms in compliance with the approved <br />design, in violation of Rule 2.07.7(7). <br />Abatement #: 1 <br />Abatement Due Date: 9/16/2013 <br />Clear culverts C73 and C19 of accumulated sediment to restore them to the approved design <br />Abatement #: 2 <br />Abatement Due Date: 9/16/2013 <br />Establish a berm to the south of culvert C2 that will prevent runoff from the shop area flowing <br />into the clean water diversion system <br />Abatement #: 3 <br />Abatement Due Date: 9/16/2013 <br />Grade the channel where culvert C4 was removed to prevent the impoundment of water <br />Abatement #: 4 <br />Abatement Due Date: 9/16/2013 <br />Restore the berm at the "new water tank" SAE to its approved design <br />Abatement #: 5 <br />Abatement Due Date: 9/30/2013 <br />Clear vegetation, rocks and non -coal waste, and reshape and grade the following ditches as <br />necessary to restore them to the approved design: clean water diversion ditch above West Fan; <br />D29; D29B; 137; 139; D26 <br />Number of Partial Inspection this Fiscal Year: 0 <br />Number of Complete Inspections this Fiscal Year: 1 <br />Page 14 of 29 <br />