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2013-08-26_ENFORCEMENT - C1981012
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2013-08-26_ENFORCEMENT - C1981012
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Last modified
8/24/2016 5:24:16 PM
Creation date
8/26/2013 10:09:41 AM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981012
IBM Index Class Name
Enforcement
Doc Date
8/26/2013
Doc Name
Notice of Violation
From
DRMS
To
New Elk Coal Company, LLC
Violation No.
CV2013007
Email Name
LDS
DIH
Media Type
D
Archive
No
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July 23, 2013 C- 1981- 012/New Elk Mine LDS <br />an SAE). Containment 1 should also be marked on the map. There was no existing diversion from the <br />natural drainage above, past the slurry well pad, although there was an existing short spur into ditch D29. <br />This should be rectified with a ditch design included in TR68. <br />• No recent disturbance was observed at the core lab SAE. This area could potentially be phase 1 bond <br />released, and the natural drainage from the south re- established. <br />• Culvert C27 was clear <br />• Ditch D34AA had been re -cut and was in good shape. <br />• Culvert C2 was in good shape. The updates to map 13 should show that only one section of C2 <br />remains. On the south side of C2, a berm should be established to prevent shop area runoff from <br />entering the clean water system; since this was an item that was identified in the inspection report of <br />April 29, 2013, and is not the subject of a permitting action, the Division finds that this is a violation <br />for failure to maintain disturbed area runoff control structures in accordance with the approved <br />design. This is discussed further in the ENFORCEMENT ACTIONS section of this report. <br />• Above C2, Ditch D34BBB was good. Below C2, the ditch runs into a wetland. At the time of the <br />inspection water had ponded in a low section of the ditch before the willows, which acted as an <br />impoundment. It's not clear how best to manage the flow in this location, since it would be preferable to <br />avoid disrupting the existing wetlands by cutting a ditch to the river. <br />• Ditch D5 had become ill- defined. D5 should be re -cut, north of the shop area. <br />• Culvert C9A was clear. C9 was not blocked, but sediment had accumulated at the outlet. C8 was more <br />than half full with sediment, and the inlet was damaged. Culverts C8 and C9 should be cleaned and <br />repaired as necessary to allow maintenance. <br />• The new armoring at the outlet of ditch D10 had held up well to the recent heavy rain and looked very <br />good. <br />• The explosives area was clean and in good shape, but the ditch berm around it needs to be re- shaped to <br />ensure that disturbed area runoff does not flow into the clean water ditch. There was a clean water <br />diversion ditch to the south that is not marked on map 13, which joins ditch D7. The ditch should be <br />added to the redrawn map. Some timber should be cleared from it, and the ditch re- shaped in <br />places. <br />• Culvert C4 does not exist, the culvert should be removed from the redrawn map. <br />• The cut where culvert C4 used to be should be deepened to prevent the ditch acting as an <br />impoundment. Timber and vegetation should be cleared from ditch D7. Since these were items that <br />were identified in the inspection report of April 29, 2013, and are not the subject of a permitting <br />action, the Division finds that this is a violation for failure to maintain ditches in accordance with <br />the approved design. This is discussed further in the ENFORCEMENT ACTIONS section of this <br />report. <br />• Culvert C3 had been shortened and about 20' had been replaced with a new culvert. Some material from <br />the work needs to be cleared up. <br />• Some non -coal waste and vegetation should be cleared from ditch D9 and the inlet to culvert C5. <br />Since these were items that were identified in the inspection report of April 29, 2013, and are not the <br />subject of a permitting action, the Division finds that this is a violation for failure to maintain <br />ditches in accordance with the approved design. This is discussed further in the ENFORCEMENT <br />Number of Partial Inspection this Fiscal Year: 0 <br />Number of Complete Inspections this Fiscal Year: 1 <br />Page 5 of 29 <br />
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