2013-08-26_ENFORCEMENT - C1981012

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July 23, 2013 C- 1981- 012/New Elk Mine LDS Surface water and sediment control structures were inspected and are described by location, in keeping with the format used in recent inspection reports. NECC had done significant work on culverts. Their policy going forward is to use only thicker 12 gauge culverts when replacing old or damaged culverts. At the western end of the mine site, from west to east: • The water monitoring sites were inspected, no problems were observed. • Culvert C49 is outside of the disturbance boundary, it is not NECC's responsibility. • Culvert C21 should be cleaned at the inlet (this is a job for a shovel rather than heavy machinery) • The "old water tank" and "old substation" SAEs showed no recent disturbance. Each could be a candidate for bond release. • Containment 2 was fine, but is not shown on map 14. It should be included on the redrawn map. Non- coal waste should be cleared from the adjacent ditch. • The upstream section of armored ditch D28 exists in the natural drainage beside the west fan, as drawn on map 14 dated 7/24/2012, although many of the features shown on this map don't exist on the ground since the work approved by TR66 has not been commenced. An earlier version of map 14, dated 3/12/2012, more closely reflects the physical reality on the ground in many cases, but neither version is entirely comprehensive. • The clean water diversion ditch above the west fan exists uphill of the position shown on the 3/12/2012 map. The position of the ditch should be corrected on the redrawn map. The ditch also needs to be cleared of vegetation and reshaped in places; since this 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 ditches in accordance with the approved design. This is discussed further in the ENFORCEMENT ACTIONS section of this report. • Culvert C23a does not exist, it should be removed from the redrawn map, (it has been removed from table 21). • Culvert C23 had been cleaned. There was some slight damage near the outlet, but not enough to currently pose a problem. • Clean water ditch D29 exists but becomes indistinct towards the flat area. D29b is —50' uphill, draining to the west. The scheme works, but is not as drawn on either version of map 14. D29 currently ends in the containment; the ditch should be extended to the east, into the clean water system and the redrawn map should be corrected to show the positions of both ditches. • Both ditches D29 and D29B need to be cleared of vegetation; since this 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 ditches in accordance with the approved design. This is discussed further in the ENFORCEMENT ACTIONS section of this report. • Culverts C51, C52 and C54 do not exist; the culverts should be removed from the redrawn map and table 21. • Although it is not clear at this stage whether the slurry injection facility will be used or not, the facility has been constructed. Map 14 must be extended to show the facility, which was approved via MR95 and MR102 and is shown on Map 12 (although map 12 shows two injection wells where only one exists and should be corrected). MR102 describes runoff from the well pad being treated by containment 1 (it is not Number of Partial Inspection this Fiscal Year: 0 Number of Complete Inspections this Fiscal Year: 1 Page 4 of 29