To:

Randy C. Huffman, Secretary WV Department of Environmental Protection 601 57th Street Charleston, WV 25304 Mr. Harold Ward, Acting Director WVDEP DMR – Charleston HQ

CC:

Roger Calhoun, Director OSMRE CHFO – Charleston September 10, 2014

Re: Greenthorn, LLC need for enhanced enforcement action and permit revocation Attachments: Greenthorn WV #3 Surface Mine Violations Sept. 2013 to Sept. 2014 Greetings, We write to you today requesting action on the lack of enhanced alternative enforcement action against Greenthorn, LLC and revocation of the WV-3 surface mine permit. On August 31st, 2014 the WV #3 Surface Mine in Logan County, WV was issued an Imminent Harm Cessation Order after they had “pumped black water” out of a coal pit and were “discharging black water into Madison Branch”. This violation is just the latest of a myriad of sediment control violations and cessation orders with-in the last year providing cause for permit revocation.

http://www.wchstv.com/news/features/eyew 1

Inadequate WVDEP Enforcement at James C. Justice’s WV-3 Surface Mine

Page 1

Issues of weak civil penalties and seldom use of the show cause process to revoke permits when pattern of violations exist were presented to WVDEP and OSMRE in the form of a 733 petition to withdraw the state program in June of 2013. WVDEP contended in its response to that petition that it operates an exemplary surface coal mine regulatory program. Actions requested in this letter provide WVDEP with an opportunity to live up to that claim by taking appropriate enforcement action with the tools at its disposal to prevent reoccurring violations that this mine and around the state. Request for maximum penalties assess and notice of assessment conferences proceedings Inaction by WVDEP has prevented real enforcement from occurring and Greenthorn’s owner, James C Justice, has not been deterred from violating law by the meager enforcement action taken and civil penalties levied. Civil penalties have not been assessed for several of the violations issued with-in the previous 12 month period. We demand that that maximum penalty be issued for all of these violations and a multiple day civil penalty be issued for all violations not abated with-in the initial abatement period. We request to be notified of all civil penalties assessment conferences or proceedings related to violations at Greenthorn, LLC. WVDEP shall send request to the legislature to increase maximum civil penalties WVDEP has been previously put on notice that in the 38 CSR 2 civil penalty schedule for surface mines is far less stringent than the federal standards of SMCRA because the WVDEP has failed to request an adjustment to the maximum civil penalty of $5,000 for notice of violation and $10,000 for a cessation order. Acknowledging that these rates are identical to the minimum requirements of the federal act of 1977, it can be determined that inflation has caused these rates to become increasingly ineffective at deterring violations of the law. WVDEP must request a maximum civil penalty inflation adjustment from the WV legislature. The WV Penalties have been adjusted for inflation for other areas of WV Government making this a mere common sense necessary update to the regulations. Request for enhanced alternative enforcement action at Greenhorn, LLC Civil penalties are only one of many enforcement options WVDEP has at its disposal. According to 38 CSR 2 20.4c : The Secretary shall promptly review the history of violations of any permittee who has been cited for violations of the same or related requirements of the Act, this rule, or the terms and conditions of the permit during three (3) or more inspections of the permit area within any twelve (12) month period. After such review, the Secretary shall determine whether or not a pattern of violations exists. In the last twelve (12) months Greenthorn, LLC has violated its S501300 WV-3 Surface Mine nearly 20 times with at least five (5) of those violations pertaining directly to sediment control failures. Additionally 3 cessation orders with-in the previous 12-month period pertain to sediment control failures. It is abundantly clear that a pattern of sediment control violations has occurred at Greenthorn, LLC and under 38 CSR. 2.4 a show cause order shall be issued putting the burden on the permittee to make the case why the permit shall not be revoked. WVDEP has clear authority to revoke the WV-3 Surface Mine permit as revocation of a permit and

Inadequate WVDEP Enforcement at James C. Justice’s WV-3 Surface Mine

Page 2

consequently blocking the issuance of new surface mine permits to James C. Justice is the only reasonable remedy to prevent his continued flagrant disregard for the law.

Without revocation of this permit and the pursuit of all available enhanced enforcement actions, sediment control violations will continue to occur and more black water will be discharged into the waters of WV causing irreparable harm. This decision on enhanced enforcement action shall be public and available for public input. By submitting this letter, we ask the actions requested herein be taken and we anticipate receving a formal response detailing what actions have ben taken to addrewss the concerns raised. We also request to intervene and / or be provided notice of any formal proceedings that occur with respect to cited violations at S501300. When a pattern of violations determination has been made we request that you please forward a copy to the signatories of this letter.

Respectfully Submitted,

Rob Goodwin WV C.A.R.E Campaign P.O Box 303 Naoma, WV 25840 304-712-9854 [email protected]

Al Justice Dry Fork Watershed Mountain Watch [email protected] P.O. Box 272 War, WV 2489

Inadequate WVDEP Enforcement at James C. Justice’s WV-3 Surface Mine

Page 3

Attachment #1 – Geenthorn, LLC WV-3 Surface Mine Violations 12 Months ending Sept. 2014 Permittee GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC GREENTHORN, LLC

Permit ID S501300 S501300 S501300 S501300 S501300 S501300 S501300 S501300 S501300 S501300 S501300 S501300 S501300 S501300 S501300 S501300 S501300 S501300 S501300 S501300 S501300

Violation Date

Description

10/25/2013 13:30 10/25/2013 13:31 10/25/2013 13:32 10/28/2013 09:00 12/05/2013 09:00 12/11/2013 12:15 12/11/2013 12:16 01/17/2014 12:30 01/17/2014 12:31 02/04/2014 10:00 03/06/2014 10:30 04/04/2014 16:15 04/17/2014 09:00 05/19/2014 10:00 06/26/2014 09:30 06/26/2014 09:31 06/26/2014 09:40 06/26/2014 09:45 07/10/2014 13:00 08/01/2014 10:30 08/31/2014 15:15

Notice of Violation Notice of Violation Notice of Violation Notice of Violation Notice of Violation Notice of Violation Notice of Violation Cessation Order Notice of Violation Notice of Violation Notice of Violation Notice of Violation Cessation Order Notice of Violation Notice of Violation Notice of Violation Notice of Violation Notice of Violation Notice of Violation Notice of Violation Cessation Order

Enforcement Standard Code

Enforcement Standard Description

Payment Amount

1000

Haul Roads

0

1500

Revegetation Requirements

0

1500

Revegetation Requirements

0

B020

Public Notice

810

1600

Disposal of Excess Spoil

0

0400

Sediment Control

2059

0500

Design Certification

1684

0500

Design Certification

0

0400

Sediment Control

0

0400

Sediment Control

0

0700

Surface Water

2079

0600

Effluent Limits

2298

0700

Surface Water

0

B140

Fly Rock

0

2400

Permit Conditions

0

0700

Surface Water

0

0500

Design Certification

0

0400

Sediment Control

0

1400

Reclamation Schedule

0

1400

Reclamation Schedule

0

0400

Sediment Control

0

Inadequate WVDEP Enforcement at James C. Justice’s WV-3 Surface Mine

Page 4

Attachment #2 – Details of Greenthorn, LLC WV-3 Surface mine violations Sept. 2013 to Sept. 2014 Violations and Cessation Orders from Sept 2013 to Sept 2014 at S501300 - Greenthorn, LLC - WV-3 Surface Mine VIOLATION DATE 8/31/2014

ACTIVITY DATE

ABATE DATE

EVALUATION

Description of Violation Activity

8/31/2014

9/8/2014

IHCO Issued

(DOV) Description of Violation: Permittee pumped black water from the pit adjacent to SD-8 into SD-8, which flowed to SD-7 and outlet 12. Outlet 12 exhibited stability issues and black water was short circuiting (leaking) from this section of ditch, discharging black water into Madison Branch, discoloring the entire length. Immediately cease all mining activity in the component drainage area's controlled by SD-8, SD-7 and SD-6. (REM) Remedial Measures: Permittee needs to immediately pump the accumulated black water in SD-8 and SD-7 to a competent structure, clean out SD-6, SD-7 and SD-8 to their full design capacity and repair these ditches to prevent short circuiting (leaking) and recertify. Additional remedial measures may follow.

8/1/2014

8/1/2014

8/11/2014

NOV Issued

(DOV) Description of Violation: Permittee has exceeded the allowable disturbance limit of 35% in that 40.3% of the total permit area has been disturbed. (REM) Remedial Measures: Permittee needs to ensure that reclamation activities are initiated and work is uninterrupted until reclamation is brought back into compliance. Permittee needs to certify that reclamation is within allowable limits outlined in the approved plan and is in compliance with all regulations.

8/1/2014

8/12/2014

8/26/2014

Extended

(ATA) Action taken to abate: Permittee has started working the slopes above SD 26 with a D6 and has begun removing over stacked material from above SD 26 with an excavator and a D9. This is the most reasonable location to begin reclaiming in order to bring percentage disturbance into compliance. Permittee needs to ensure this work continues unabated.

7/10/2014

7/10/2014

7/24/2014

NOV Issued

(DOV) Description of Violation: Permittee failed to follow contemporaneous reclamation in area F in that pits in DA 78, 76, 29 and 79 were not completely backfilled and rough grading completed within the allotted 180 day time frame. The oldest of these pits having been taken on Feb 13th 2013 and the last reported pit taken on Sept 13 2013. (REM) Remedial Measures: Permittee needs to submit cross sections showing the current slopes in area F and Volumetric tables showing how much material has been placed along this ridge vs how much is needed to achieve approved regrade. Any excess material needs to be hauled to an approved dumping location, the drainage areas reclaimed according to the reclamation plan and all disturbance seeded and mulched.

Inadequate WVDEP Enforcement at James C. Justice’s WV-3 Surface Mine

Page 5

7/10/2014

7/24/2014

8/11/2014

Extended

(ATA) Action taken to abate: Initial reclamation work is ongoing within Area F. Continue reclamation uninterrupted within Pits DA 78, 76, 29 and 79 until final reclamation of noted areas is complete.

7/10/2014

8/12/2014

8/26/2014

Extended

(ATA) Action taken to abate: Permittee has started working the slopes above SD 26 with a D6 and has begun removing over stacked material from above SD 26 with an excavator and a D9. Permittee needs to ensure that work on this violation continues unabated.

6/26/2014

6/26/2014

7/14/2014

NOV Issued

(DOV) Description of Violation: Permittee failed to clean out sediment ditches when they reached 60% capacity in that SD 20, 21, 22 23 and 24 were allowed to reach near 100% capacity. (REM) Remedial Measures: Permittee needs to immediately begin cleaning out these ditches, dedicating at least an excavator for ditch cleanout at all times, stabilize and vegetate drainage areas 80, 81, 82, 83 and 86 in order to prevent additional contributions to sediment ditches. Permittee needs to have a dozer dedicated to stabilizing these drainage areas until work is complete. Upon completion of field work these ditches will need to submit and gain approval of final certifications.

6/26/2014

7/15/2014

7/24/2014

Extended

(ATA) Action taken to abate: Permittee has begun working on cleaning sediment ditches.

6/26/2014

7/24/2014

8/11/2014

Extended

(ATA) Action taken to abate: Operator working on noted sediment ditch cleanout this date and has advanced approximately 40% of required total length. Excavator and D9 working this date and instructed Kirby Bragg "Supt." to continue cleanout operations until complete to meet requirements for abatement of this violation.

6/26/2014

8/12/2014

8/26/2014

Extended

(ATA) Action taken to abate: Permittee was cleaning SD 26 at time of inspection and has cleared debris from other associated sediment ditches; work is ongoing and needs to continue unabated.

6/26/2014

6/26/2014

7/14/2014

NOV Issued

(DOV) Description of Violation: Permittee failed to certify sediment ditches within 1000 linear feet of the active pit in that SD 1, SD2, SD 23, SD 24, SD 25, and SD 26 have not been permanently certified and are located 1000 ft. or more from the active pit. (REM) Remedial Measures: Permittee needs to dedicate at the very least an excavator to make necessary repairs on these ditches until work is complete and submit permanent certifications upon completion of work.

6/26/2014

7/15/2014

7/24/2014

Extended

(ATA) Action taken to abate: Permittee has begun to work on the reconstruction of ditches which need certified.

6/26/2014

7/24/2014

8/11/2014

Extended

(ATA) Action taken to abate: Operator continues the reconstruction of noted ditches which need certified. I have addressed this issue with Kirby Bragg "Supt." and have instructed him to continue work until said structures are complete and certification of said ditches is submitted to WV DEP per approved design requirements.

6/26/2014

8/12/2014

8/26/2014

Extended

(ATA) Action taken to abate: Permittee has been working on the field work associated with this NOV. Permittee needs to ensure that ditches are certified upon completion of work.

Inadequate WVDEP Enforcement at James C. Justice’s WV-3 Surface Mine

Page 6

6/26/2014

6/26/2014

7/31/2014

NOV Issued

(DOV) Description of Violation: Permittee failed to maintain a rain gauge, record daily rainfall, report monitoring results on a monthly basis including results of a permit wide drainage system inspection following a 1 year 24 hour storm event and to monitor and report results of evaluations at EP-1. (REM) Remedial Measures: Permittee needs to immediately begin collecting this data and following all terms specified in the permit regarding SWROA.

6/26/2014

7/15/2014

7/31/2014

Terminated

(ATA) Action taken to abate: Permittee has begun to collect rain gauge data and follow terms set forth in the SWROA plan

6/26/2014

6/26/2014

7/14/2014

NOV Issued

(DOV) Description of Violation: Permittee failed to follow permit conditions in that they allowed petroleum products to leak for storage containers, failed to contain spills during repairs of equipment and failed to have a visible spill prevention kit thereby not following approved GPP. (REM) Remedial Measures: Permittee needs to immediately clean all spilled petroleum products, ensure all tanks are operating according to specification, remove all unused storage tanks and ensure a spill prevention kit is readily available.

6/26/2014

7/15/2014

7/14/2014

Terminated

(ATA) Action taken to abate: Permittee has cleaned all spilled material.

5/19/2014

5/19/2014

5/21/2014

Administrative Action

(DOV) Description of Violation: Fly Rock left the permitted area after a shot was detonated on the outslope of the permit (REM) Remedial Measures: A causation and preventive plan was written in the plan Drillers would flag all abnormal holes on out slopes and shots would be no greater than 25' deep

5/19/2014

5/22/2014

5/21/2014

Terminated

(ATA) Action taken to abate: Causation/prevention plan was submitted

4/17/2014

4/17/2014

4/17/2014

FTACO Issued

(DOV) Description of Violation: Permittee failed to follow remedial measures as set forth in NOV #81 (REM) Remedial Measures: Inspector recommends a negligence rating of 8 since the operator had been officially notified of the issue and made no effort to correct it. A good faith rating of 0 since the operator failed to take any appropriate remedial action and the NOV has been modified to a cessation order.

4/17/2014

4/23/2014

4/17/2014

Terminated

(ATA) Action taken to abate: Permittee has completed required article 3 sampling and submitted results.

4/4/2014

4/4/2014

4/7/2014

NOV Issued

(DOV) Description of Violation: Permittee failed to prevent a violation of applicable water quality standards in that outlet 008 and outlet 003 discharges caused a noticeable discoloration of water downstream of these outlets violating title 46 series 1-3.2.f (REM) Remedial Measures: Permittee needs to cease non-compliant discharge immediately. Permittee needs to finish work on SD 4 immediately, install all necessary checks and ensure water is flowing according to the approved plan. Permittee needs to ensure that Pond 2 has sufficient settling time and treatment in order to avoid future violations, i.e. install turbidity curtains and use the necessary amount of flocculent based on the incoming flow.

Inadequate WVDEP Enforcement at James C. Justice’s WV-3 Surface Mine

Page 7

4/4/2014

4/11/2014

4/7/2014

Terminated

(ATA) Action taken to abate: Permittee has ceased noncompliant discharge.

3/6/2014

3/6/2014

4/2/2014

NOV Issued

(DOV) Description of Violation: Permittee failed to follow the groundwater and surface water monitoring pre-plan in that Permittee didn't monitor the water during the 4th quarter of 2013 and didn't submit the results for the 3rd quarter of 2013. (REM) Remedial Measures: Permittee needs to submit the 3rd quarter surface and ground water monitoring results immediately and resume testing of surface and ground water at the designated points immediately. Once the data has been obtained Permittee needs to submit these results to the WVDEP.

3/6/2014

4/4/2014

4/15/2014

Extended

(ATA) Action taken to abate: Permittee has collected in stream water samples. Permittee needs to ensure that Lab results are submitted by 04/15/2014.

3/6/2014

4/17/2014

4/15/2014

Modified to CO

(ATA) Action taken to abate: Inspector recommends a negligence rating of 8 since the operator had been officially notified of the issue and made no effort to correct it. A good faith rating of 0 since the operator failed to take any appropriate remedial action and the NOV has been modified to a cessation order.

2/4/2014

2/4/2014

2/13/2014

NOV Issued

(DOV) Description of Violation: Permittee failed to provide the required .125 acre/foot of storage for each acre of disturbance in that drainage areas 34, 54, 55, 52, 56, 57 and 59 were disturbed without any certified sediment structure controlling these areas. (REM) Remedial Measures: Permittee needs to certify and gain approval of drainage certifications in these areas.

2/4/2014

2/18/2014

3/4/2014

Extended

(ATA) Action taken to abate: Permittee has completed work on many of the ditches associated with this NOV. Additional work is needed in this area and Permittee was working on this at time of inspection.

2/4/2014

3/6/2014

3/20/2014

Extended

(ATA) Action taken to abate: Permittee is nearing completion of ditch work in these areas, upon completion Permittee needs to submit As Built certifications for these ditches.

2/4/2014

3/20/2014

4/8/2014

Extended

(ATA) Action taken to abate: Field work is nearing completion for this NOV; As-Built certifications will need to be submitted within two weeks of completion of field work.

2/4/2014

4/11/2014

4/21/2014

Extended

(ATA) Action taken to abate: Work is ongoing in sediment ditches and is nearing completion; As-Built certification will need to be submitted upon completion of field work

2/4/2014

4/29/2014

5/15/2014

Extended

(ATA) Action taken to abate: Work is ongoing in sediment ditches and is nearing completion; As-Built certification will need to be submitted upon completion of field work.

2/4/2014

5/15/2014

5/29/2014

Extended

(ATA) Action taken to abate: Permittee has completed the majority of the field work related to this NOV. (REM) Remedial Measures: Permittee needs to make every effort to finish work needed in SD 3-8 as discussed with Company Rep Perry Ryder and Engineer Fred Mills on 5/9/2014 and ensure that complete and accurate temporary As-Built certifications are submitted by the end of this extension period.

Inadequate WVDEP Enforcement at James C. Justice’s WV-3 Surface Mine

Page 8

2/4/2014

5/30/2014

6/13/2014

Extended

(ATA) Action taken to abate: Permittee has finished 3/4 of the seeding for ditches 3-8, all seeding should be completed by June 3; work on checks will be completed concurrently. Permittee was granted an extending abatement period of two weeks and needs to ensure all work is completed by this deadline or further enforcement action may be taken.

2/4/2014

6/17/2014

6/13/2014

Terminated

(ATA) Action taken to abate: Permittee has submitted all required certifications for the termination of this NOV. Certifications were signed off by Inspector Chris Hobt. NOV 80 is terminated

1/17/2014

1/17/2014

1/23/2014

NOV Issued

(DOV) Description of Violation: Permittee failed to clean out Pond 2 when the sediment accumulation reached 60% of the design capacity. (REM) Remedial Measures: Immediately clean Pond 2 to 100% design capacity, re-certify Pond 2 and gain approval of this certification.

1/17/2014

2/4/2014

2/13/2014

Extended

(ATA) Action taken to abate: Permittee is required to maintain all effluent limits at Pond 2 while cleanup is progressing. Permittee will need to clean pond to 100% capacity and re-certify.

1/17/2014

2/18/2014

3/4/2014

Extended

(ATA) Action taken to abate: Permittee has begun preparing the area for cleaning of the pond and has brought in Louisa Construction to perform the work associated with cleaning the pond.

1/17/2014

3/6/2014

3/20/2014

Extended

(ATA) Action taken to abate: Permittee has cleaned a portion of Pond 2 however a significant amount of material remains in the pond. Permittee will need to certify this pond once it is cleaned to 100%.

1/17/2014

3/20/2014

4/8/2014

Extended

(ATA) Action taken to abate: Pond 2 is nearing 100% design capacity; As-Built certification will need to be submitted within two weeks of completion of field work.

1/17/2014

4/11/2014

4/15/2014

Extended

(ATA) Action taken to abate: Permittee has finished cleaning Pond 2, the only part remaining is final certification on this pond.

1/17/2014

4/29/2014

5/15/2014

Extended

(ATA) Action taken to abate: Permittee has submitted final certification for Pond 2. This certification was returned for corrections and needs to be resubmitted ASAP.

1/17/2014

5/15/2014

5/29/2014

Extended

(ATA) Action taken to abate: Permittee has cleaned Pond 2 to design capacity and is discussing a minor design change to this pond. The field work for this modification needs to be completed by the end of this abatement period and an AsBuilt certification submitted upon completion of field work. Permittee needs to ensure that field work is completed by this point or that a complete and accurate final certification is submitted reflecting the current conditions or further enforcement action may be taken.

1/17/2014

5/30/2014

6/30/2014

Extended

(ATA) Action taken to abate: Permittee has been granted a 30 day extension period for this violation in order to change pond configuration and provide required sediment capacity. Permittee needs to ensure all work is completed by this point and that a complete and accurate pond certification is submitted or further enforcement action may be taken.

Inadequate WVDEP Enforcement at James C. Justice’s WV-3 Surface Mine

Page 9

1/17/2014

7/1/2014

7/8/2014

Extended

(ATA) Action taken to abate: Permittee has finished all ground work, completing combination spillway, certification has been submitted and returned for minor corrections

1/17/2014

7/8/2014

7/8/2014

Terminated

(ATA) Action taken to abate: Reviewed and accepted Pond 2 certification. Permittee has finalized all work related to this NOV.

1/17/2014

1/17/2014

1/18/2014

FTACO Issued

(DOV) Description of Violation: Permittee failed to complete the remedial measures of NOV #77 within the extended abatement period. (REM) Remedial Measures: Permittee needs to submit and gain approval of 3rd quarter drainage certification immediately.

1/17/2014

1/30/2014

1/18/2014

Terminated

(ATA) Action taken to abate: Permittee has submitted and gained approval of 3rd quarter drainage report

12/11/2013

12/11/2013

12/13/2013

NOV Issued

(DOV) Description of Violation: Permittee failed to perform inspection or submit a certified report upon completion of this inspection for the 3rd quarter of 2013. (REM) Remedial Measures: Permittee needs to submit and gain approval of 3rd quarter temporary drainage certification. This certification needs to have all required information included i.e. any and all pits used for sediment control and all temporary sediment control structures. This certification needs to submitted on forms approved by the director with 1 original and 3 copies.

12/11/2013

12/13/2013

12/20/2013

Extended

(ATA) Action taken to abate: Permittee has discussed with inspector what is needed in order for this certification to be accepted.

12/11/2013

12/20/2013

1/8/2013

Extended

(ATA) Action taken to abate: Permittee will be submitting quarterly drainage certification soon.

12/11/2013

1/10/2014

1/17/2014

Extended

(ATA) Action taken to abate: Permittee is nearing completion of certification.

12/11/2013

1/17/2014

1/23/2014

Modified to CO

(ATA) Action taken to abate: Permittee has failed to abate NOV #77

12/11/2013

1/30/2014

1/23/2014

Terminated

(ATA) Action taken to abate: Permittee has submitted and gained approval of 3rd quarter drainage report.

12/11/2013

12/11/2013

12/13/2013

NOV Issued

(DOV) Description of Violation: Permittee failed to provide to certify a sediment control structure prior to mining activities in the component drainage area in that mining activity took place in the component drainage areas of SD 36 and DD10. (REM) Remedial Measures: Permittee needs to immediately cease all mining activity in these component drainage areas, install adequate sediment control structures in the these areas and certify, submit and gain approval of a revision to the NPDES and Article 3 permits which update the functions of DD 10 and DD 9 to a sediment control structure instead of a diversion ditch as well as add necessary outlets to these permits.

12/11/2013

12/13/2013

12/20/2013

Extended

(ATA) Action taken to abate: Permittee has discussed what plans are needed in order to ensure SD 36 and DD 10 are installed correctly and what needs to be included in the certifications once this is complete.

12/11/2013

12/20/2013

1/8/2013

Extended

(ATA) Action taken to abate: Permittee is working on the remedial measures of this NOV.

Inadequate WVDEP Enforcement at James C. Justice’s WV-3 Surface Mine

Page 10

12/11/2013

1/10/2014

1/23/2014

Extended

(ATA) Action taken to abate: Permittee needs to finish repairs to ditches in Area F and get these certified as soon as possible.

12/11/2013

2/4/2014

1/23/2014

Extended

(ATA) Action taken to abate: Permittee has worked on portions of DD 10 and is considering available options for long term repairs in this area.

12/11/2013

2/18/2014

3/4/2014

Extended

(ATA) Action taken to abate: Permittee has performed additional work on SD 36 and DD 10, additional work is needed in this area to abate violation.

12/11/2013

3/6/2014

3/20/2014

Extended

(ATA) Action taken to abate: Work is continuing along these ditch lines however additional work is needed and a certification needs to be submitted upon completion of work

12/11/2013

3/20/2014

4/8/2014

Extended

(ATA) Action taken to abate: Permittee is nearing completion of remedial measures; certifications will need to be submitted within two weeks of completion of field work.

12/11/2013

4/11/2014

4/8/2014

Extended

(ATA) Action taken to abate: Permittee needs to submit certification showing adequate sediment control in this area immediately

12/11/2013

4/29/2014

5/15/2014

Extended

(ATA) Action taken to abate: Permittee has submitted quarterly drainage certification; this certification was returned for corrections and needs to be resubmitted soon.

12/11/2013

5/15/2014

5/15/2014

Terminated

(ATA) Action taken to abate: Permittee has submitted 1st quarter drainage report showing that adequate sediment control is being provided in Area F and this certification has been accepted.

12/5/2013

12/5/2013

12/6/2013

NOV Issued

(DOV) Description of Violation: Permittee failed to direct surface water runoff into a properly designed and constructed stabilized diversion channel in that they allowed surface water to flow over the face of the fill causing material to break away from the face and subsequently be deposited in the stream bed between the active fill and Pond 2. (REM) Remedial Measures: Permittee needs to immediately direct all water away from the face of the fill. Immediately bring additional equipment to the job site in order to construct a stabilized diversion channel for surface water drainage. Within seven (7) days submit a plan to the WVDEP stating how the deposited material will be removed from the stream bed leading to Pond 2 including any and all method's which will be taken to prevent a noncompliant discharge from Pond 2.

Inadequate WVDEP Enforcement at James C. Justice’s WV-3 Surface Mine

Page 11

12/5/2013

12/6/2013

12/11/2013

Extended

(ATA) Action taken to abate: Cease all mining activities except what's required to complete the remedial measures of this NOV. Permittee needs to slope the VF #2 haul down road to direct runoff to the inside of the road from switchback to switchback, including establishing sumps which discharge into blocky rock between natural ground and the edges of VF #2, ensure sumps discharge into competent material in order to establish a stable water course. The material deposited between the toe of the fill and the inlet of the pond must be removed and properly disposed, within 6 days submit a plan to the WVDEP as to how this will be accomplished. Stabilize small slip on east side of water course between the current toe of the fill and inlet to Pond 2. Clean Pond #2 to 100% design capacity and re-certified. Establish proper drainage on access road leading to Pond #2 to prevent run-off over the surface of the road by grading and cleaning the ditches. Adequate equipment must be provided so as to work on all remedial measures concurrently until completion. All applicable water quality standards must be maintained at all times.

12/5/2013

12/11/2013

12/13/2013

Extended

(ATA) Action taken to abate: Permittee has begun working on an area to contain slip material. Permittee has worked on the pitch of the first two switch backs of the haul down road.

12/5/2013

12/13/2013

12/20/2013

Extended

(ATA) Action taken to abate: Permittee has completed much of the required work on the haul down road, has worked on cleaning up deposited material, has cleaned out pond 2 to increase settling time, added flocculent to control discharge during cleanup process and has worked on access road to Pond 2. In addition to the existing remedial measures Permittee needs to make repairs to erosion gully below the first sump on Pond 2 access road.

12/5/2013

12/20/2013

1/8/2013

Extended

(ATA) Action taken to abate: Permittee has repaired haul down road and still has additional work on Pond 2 access road.

12/5/2013

1/10/2014

1/17/2014

Extended

(ATA) Action taken to abate: Permittee has completed much of the required work on the haul down road, has worked on cleaning up deposited material, has cleaned out pond 2 to increase settling time, added flocculent to control discharge during cleanup process and has worked on access road to Pond 2. In addition to the existing remedial measures Permittee needs to make repairs to erosion gully below the first sump on Pond 2 access road.

12/5/2013

1/17/2014

1/23/2014

Extended

(ATA) Action taken to abate: Permittee has been working on bringing equipment into Madison Branch area in order to continue remedial measures on this NOV.

12/5/2013

2/4/2014

2/13/2014

Extended

(ATA) Action taken to abate: Permittee has worked on improving access to clean-up area and has removed some of the deposited material. Permittee needs to ensure work continues in this area unabated.

12/5/2013

2/18/2014

3/4/2014

Extended

(ATA) Action taken to abate: Permittee has completed additional work in this area and are preparing to begin installation of a proper underdrain.

Inadequate WVDEP Enforcement at James C. Justice’s WV-3 Surface Mine

Page 12

12/5/2013

3/6/2014

3/20/2014

Extended

(ATA) Action taken to abate: Permittee is nearing completion of under drain for VF 2, once work is completed on this under drain the certification will need to be submitted within two weeks.

12/5/2013

3/20/2014

4/8/2014

Extended

(ATA) Action taken to abate: Permittee is nearing completion of remedial measures, under drain construction has been completed and once all other work is done near Pond 2 the access road will be repaired.

12/5/2013

4/11/2014

4/8/2014

Terminated

(ATA) Action taken to abate: Permittee has completed all remedial measures associated with this violation.

10/28/2013

10/28/2013

11/25/2013

NOV Issued

(DOV) Description of Violation: Annual Blasting Notifications were not completed. Green Cards were not received according to WV State Regulations (REM) Remedial Measures: Insure that all green cards are received or documentation as to why they were in complete

10/28/2013

1/6/2014

11/25/2013

Terminated

(ATA) Action taken to abate: Compliance met with 199.1.3.3 in that the annual blast ad was published and notifications were made

10/25/2013

10/25/2013

11/1/2013

NOV Issued

(DOV) Description of Violation: Permittee failed to rapidly establish temporary vegetative cover on re-graded areas in drainage areas 16,20,78,79 and 80 (REM) Remedial Measures: Permittee needs to immediately re-graded all sections which need touched up and establish a temporary vegetative cover

10/25/2013

11/1/2013

11/11/2013

Extended

(ATA) Action taken to abate: Permittee has seeded some of the area located in this NOV. Permittee needs to ensure that slopes are graded to a stable configuration before seeding is completed in these drainage areas.

10/25/2013

11/12/2013

11/26/2013

Extended

(ATA) Action taken to abate: Permittee has seeded areas of violation, extending violation in order to establish success of vegetative cover.

10/25/2013

12/11/2013

11/26/2013

Terminated

(ATA) Action taken to abate: Permittee has seeded the areas under violation.

10/25/2013

10/25/2013

11/1/2013

NOV Issued

(DOV) Description of Violation: Permittee failed to rapidly establish temporary vegetative cover on re-graded areas in drainage area 13 (REM) Remedial Measures: Permittee needs to ensure that re-graded slopes in drainage area are seeded and mulched immediately. Permittee needs reshape berms along haul road in this area immediately.

10/25/2013

11/1/2013

11/11/2013

Extended

(ATA) Action taken to abate: Permittee has tracked in and seeded much of this area. Permittee still has additional area which needs seeding in drainage area 13 before NOV can be terminated.

10/25/2013

11/12/2013

11/26/2013

Extended

(ATA) Action taken to abate: Permittee has seeded areas of violation, extending violation in order to establish success of vegetative cover.

10/25/2013

12/11/2013

11/26/2013

Terminated

(ATA) Action taken to abate: Permittee has seeded the area under violation.

Inadequate WVDEP Enforcement at James C. Justice’s WV-3 Surface Mine

Page 13

10/25/2013

10/25/2013

11/1/2013

NOV Issued

(DOV) Description of Violation: Permittee failed to meet performance standards in that they failed to maintain a durable surface on haulage way. (REM) Remedial Measures: Permittee needs to reconstruct haulage way with sufficient durable surfacing and ensure that road is properly graded immediately.

10/25/2013

11/1/2013

11/11/2013

Extended

(ATA) Action taken to abate: Permittee has acquired some material to be used as a durable surfacing on internal haul road; however Permittee needs to acquire additional material and ensure that it is properly graded.

10/25/2013

11/12/2013

11/26/2013

Extended

(ATA) Action taken to abate: Permittee has added additional durable surfacing to portions of the internal haul road, however additional material is needed and Permittee needs to ensure this is added in a timely manner.

10/25/2013

12/11/2013

12/19/2013

Extended

(ATA) Action taken to abate: Permittee has additional work to complete for this NOV.

10/25/2013

12/20/2013

12/19/2013

Extended

(ATA) Action taken to abate: Permittee has been working on road; additional word is needed to abate the violation.

10/25/2013

1/10/2014

1/23/2014

Extended

(ATA) Action taken to abate: Permittee has been working on road; additional work is needed to abate the violation.

10/25/2013

2/4/2014

2/13/2014

Extended

(ATA) Action taken to abate: Permittee has worked the grade of the road in order to improve drainage and has added additional durable rock to road in order to ensure a durable surfacing exists.

10/25/2013

2/18/2014

3/4/2014

Extended

(ATA) Action taken to abate: Permittee has added a significant amount of durable material to haul road leading to Area E, additional work is still need on road leading to Area F.

10/25/2013

3/6/2014

3/20/2014

Extended

(ATA) Action taken to abate: Permittee is nearing completion of remedial measures of this NOV, durable material has been placed along sections of the haul road however more is needed in order to complete all work.

10/25/2013

3/20/2014

4/8/2014

Extended

(ATA) Action taken to abate: Permittee has added durable surfacing to large portions of this internal haul road; however additional material placement is still required.

10/25/2013

4/11/2014

4/8/2014

Terminated

(ATA) Action taken to abate: Permittee has finished all remedial measures associated with this NOV.

Inadequate WVDEP Enforcement at James C. Justice’s WV-3 Surface Mine

Page 14