2013-08-26_ENFORCEMENT - C1981012

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July 23, 2013 C- 1981- 012/New Elk Mine LDS ACTIONS section of this report. • Pond 4 was holding a small amount of water, but not discharging. The embankments and spillways were in good order. • Clean water culvert C37 was partially blocked and should be cleaned out. • Ditches and culverts surrounding DWDA 1 were clear and in good order. • The "new water tank" SAE appeared to be fairly well drained and stable. The berm had not been breached, however ponded water shows where low spots should be built up. Some non -coal waste should be cleared and a low spot in the berm should be built up; 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 a Small Area Exemption site in accordance with the approved design. This is discussed further in the ENFORCEMENT ACTIONS section of this report. • Ditch D18 was in good shape to the junction with D9 Clean water diversion ditch D26 does not exist as shown on map 13, and may be impossible to construct without compromising the road above. The short leg of the ditch west of the natural drainage has a very small watershed and is not necessary. East of the drainage, the ditch needs to be cleaned of rocks, non - coal waste and vegetation, and should be shaped and graded to ensure it functions as designed. The old section of ditch, running south east from the lower water tank pad, should be reclaimed. Since these were items that were identified in the inspection report of April 29, 2013, and are 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. • The water pipe and an old electrical cable that were compromising ditch D26 had been removed. • Ditch D39AA does not exist on the ground as drawn and the high -wall behind the substation has not been constructed as shown on map 13, meaning that D39A is also not as drawn. In the same area, the parking lot has not yet been added to map 13. Neither D39A nor D39AA are necessary on the ground. D39A should be converted to a light use road to access D26, with a diversion ditch alongside. The ditch should be extended to merge with ditches draining the area around the East Portal Fan. Mr Thompson suggested that a new culvert will be needed under the road to the car park, although the necessary gradient maybe difficult to achieve. Note also that the roads around the fan need to be shown on the maps. D17A will be a road ditch on the north side of the road. A new ditch will be needed to drain the water tank road and the new light use road, which will in turn drain to the new culvert. The lower section of D17B will remain, but culvert C50 and the upper section of D17B don't exist. The area around the fan should drain to a ditch on the south side and thence into the new culvert. This re- design should be handled through TR68. On the north side of the highway: • The upland diversion above the RDA had large puddles at 2 points; the further east puddle had breached either side of a big rock. Recent precipitation had dislodged rocks and trees into the ditch in several spots. The length of the diversion ditch should be surveyed as a starting point to investigate how this drainage issue can be resolved; since this was an item that was first identified in the inspection Number of Partial Inspection this Fiscal Year: 0 Number of Complete Inspections this Fiscal Year: 1 Page 6 of 29