VIRGINIA DEPARTMENT OF MINES, MINERALS AND ENERGY DIVISION OF MINED LAND RECLAMATION VIOLATION DETAIL REPORT BY VIOLATION DATE VIOLATION DATE FROM 01/01/00 TO 01/23/18 Permit # Company Area Inspr Viol -ps Viol Dt Term Dt Corr Due Abated Reference # Law Regulation 1101905 S CDB 08646-DS 12/08/04 01/11/05 CDB0004562 A & G COAL CORPORATION 01/14/05 4 VAC 25-130-817.71(h)(2) Description: The operator has failed to submit 3rd quarter 2004 construction certification for Mitigation Fill D to the DMLR. Action: The operator is instructed to submit 3rd quarter 2004 certification for Mitigation Fill D to the DMLR. 1101905 S CDB 08646-WM 12/08/04 12/08/04 CDB0004562 A & G COAL CORPORATION 4 VAC 25-130-816.41(c)(1) 4 VAC 25-130-816.41(c)(5) Description: The operator has failed to submit to the DMLR: two surface water monitoring reports for Basin D, MPID number 0005512, for the month of July 2004; two surface water monitoring reports for Basin D, MPID number 0005512 for the month of August 2004; and one surface water monitoring for Basin D, MPID number 0005521for the month of September: two surface water monitoring reports for Basin D, MPID number 0003404 for the month of July 2004: and two surface water monitoring reports for Basin D, MPID number 0003404. Action: Non-Remedial. 1101905 S CDB 08660-SS A & G COAL CORPORATION 01/19/05 05/18/05 CDB0004634 02/18/05 4 VAC 25-130-816.45(a) Description: Basin D has developed a leak in the side of the basin. Action: The operator is instructed to take whatever measures necessary to seal the leak in Basin D. 1101905 S CDB 08668-EF 01/19/05 01/19/05 CDB0004656 A & G COAL CORPORATION Description: Action: 1101905 S CDB 08669-EF A & G COAL CORPORATION 01/28/05 01/28/05 CDB0004660 4 VAC 25-130-816.42 Description: On 1/28/05 was noted that basin D had developed a leak in the side of the basin. Approximately 300 gallons per minute was observed coming out of several places in the road bank of st. rt. 160. The discharge was dingy in coloration and possibly does not exceed the effluent limitations for Total Suspended Solids. The discharge was flowing into the VDOT ditchline and on into Looney Creek. A sample was taken of the discharge and sent to the lab for analysis. The results show Total Suspended Solids (TSS) to be 154mg/l. The daily maximum value for TSS is 70mg/l. Action: Non-remedial - The discharge was checked and found to be in compliance for TSS. 1101905 S CDB 08697-EF 03/07/05 06/17/05 CDB0004734 Permit # Company Area Inspr Viol -ps A & G COAL CORPORATION Viol Dt Term Dt Corr Due Abated Reference # Law Regulation 04/07/05 4 VAC 25-130-816.42 Description: On 2/18/05 and 2/22/05 water samples were taken from a leak from basin D and from the discharge of basin D and sent to the lab for analysis of TSS. The reports show from 2/18/05 TSS from the leak was 560mg/l and from the discharge of basin D TSS was 576mg/l. The report shows from the sample taken on 2/22/05 TSS from the leak was 182mg/l and from the discharge of basin D TSS was 666mg/l. The maximum value for TSS is 70mg/l. Action: 1.Take whatever measures necessary to meet the numerical effluent limitations for TSS from Basin D and Basin leak.2. Monitor the discharge from Basin D and Basin D leak daily by collecting samples, submitting the samples to the lab for analysis of TSS and submitting the lab reports to the DMLR.3.Maintain a daily log of pumping rates and all activities pertaining to fixing the leak.4.Submit to the DMLR a compliance schedule for repairing the leak.The operator is informed that penalties for this NOV and future noncompliances will be assessed under the Clean Water Act. 1101905 S CDB 08802-SS 07/21/05 11/21/05 CDB0005006 A & G COAL CORPORATION 10/21/05 4 VAC 25-130-816.45(a) Description: Basin D has developed several leaks. Samples were taken from the discharge of Basin D and the basin D leaks and sent to the lab for analysis. Action: 1.Take whatever measures necessary to meet the numerical effluent limitations for TSS from Basin D and Basin leak.2. Monitor the discharge from Basin D and Basin D leak daily by collecting samples, submitting the samples to the lab for analysis of TSS and submitting the lab reports to the DMLR including flow rates.3.Maintain a daily log of pumping rates and all activities pertaining to fixing the leak.4.Submit to the DMLR a compliance schedule for repairing the leak.The operator is informed that penalties for this NOV and future non-compliances will be assessed under the Clean Water Act. 1101905 S CDB 08803-OT 07/21/05 07/21/05 CDB0005007 A & G COAL CORPORATION 4 VAC 25-130-816.42 Description: A discharge has occurred from this permit in an amount and concentration that interferes directly or indirectly with designated uses of such water and/or which are adverse to human, animal, plant or aquatic life by coloring the water brown in Looney and Pigeon Creeks and the Powell River for at least six (6) miles downstream. Action: Non-Remedial 1101905 S CDB 08901-DS A & G COAL CORPORATION 01/12/06 01/12/06 CDB0005295 4 VAC 25-130-816.71(h) 4 VAC 25-130-816.71(h)(2) Description: The operator has failed to submit to the DMLR, fill certifications for Fill SRF-1 for the 3rd and 4th quarter 2004 and 1st, 2nd, 3rd and 4th quarter 2005. Action: Non-Remediial - The operator is instructed to re-initiate quarterly fill certification examinations and reporting for Fill SRF-1. 1101905 S CDB 09068-EF 11/27/06 11/27/06 CDB0006010 A & G COAL CORPORATION 4 VAC 25-130-816.42 Description: The operator allowed a discharge from the permit that exceeded the numerical effluent limitations for Total Suspended Solids. Action: NA - The discharge was stopped before the inspectors left the permit. Permit # Company Area Inspr Viol -ps Reference # Law Regulation 1101905 S CDB 09068-OT 11/27/06 12/12/06 CDB0006010 A & G COAL CORPORATION 12/15/06 4 VAC 25-130-816.99 Description: Accumulated water in the Taggart Marker coal pit exited through the coal pit floor and surfaced approx. 75-100 feet below the bench, saturated the spoil and caused 5 different areas to slide off the hillside. The toe of 4 of the slides went into Looney Creek. Action: The operator is instructed to take whatever measures necessary to remove the toe of the slides from Looney Creek and to stabilize the remaining areas of the slides. 1101905 S CDB 09068-SS 11/27/06 11/27/06 CDB0006010 A & G COAL CORPORATION 4 VAC 25-130-816.46(b)(2) Description: The operator has allowed a discharge to leave the permit without first passing it through an approved sediment structure. Action: NA - The discharge was stopped before the inspector left the site. 1101905 S CDB 09093-SS A & G COAL CORPORATION Viol Dt Term Dt Corr Due Abated 02/09/07 02/09/07 CDB0006187 4 VAC 25-130-816.49(a)(10) Description: The operator has failed to submit 2005 and 2006 annual pond certifications to the DMLR. Action: Non-Remedial 1101905 1 CEV 09597-WM 11/03/11 11/03/11 CEV0007917 A & G COAL CORPORATION 4 VAC 25-130-773.17(c) 4 VAC 25-130-816.41(e)(1) 4 VAC 25-130-816.41(e)(2) Description: Location: Pond F3 (MPID #0005510) and LB-100 (MPID #0005514). Description: The operator failed to meet the required monitoring frequency of two samples per month for Pond F3. Only one sample was reported for the month of May 2011. The operator also failed to meet the required monitoring frequency of one sample per month for in-stream point LB-100. There was no sample reported for the month of April 2011 for LB-100. Action: Non-remedial. 1101905 1 JRJ 09740-WM 12/11/12 12/11/12 JRJ0000675 A & G COAL CORPORATION 4 VAC 25-130-773.17(c) 4 VAC 25-130-816.41(c)(5) 4 VAC 25-130-816.41(e)(1) 4 VAC 25-130-816.41(e)(2) Description: The operator has failed to submit surface water, ground water, and in-stream monitoring reports for the 3rd quarter of 2012 for all MPID numbers. NOV JRJ0000675, violation 1 of 1, under Performance Code WM, is being issued. This is a non-remedial violation. Action: The operator is hereby instructed to re-initiate the water monitoring program in accordance with the approved plans. 1101905 1 JRJ 09840-RV 06/18/13 10/29/13 JRJ0000992 A & G COAL CORPORATION 07/18/13 Permit # Company Reference # Law Regulation 4 VAC 25-130-773.17(b) 4 VAC 25-130-816.111(a) 4 VAC 25-130-816.113 Description: Revision Application No. 1003835, Attachment 9.4 (Revegetation,) states that, "Seeding of disturbed areas will be done within 30 days after final grading provided this is during a normal planting period. Backfilled areas prepared for seeding during adverse climatic conditions will be seeded with an appropriate temporary cover until permanent cover can be established." There is an approximately 50 acre portion of this permit that was regraded in February/March of 2013. The operator has failed to seed the referenced area in accordance with the approved plans, therefore NOV JRJ0000992, violation 1 of 2, under Performance Code RV is being issued. See photos below: Action: Area Inspr Viol -ps Viol Dt Term Dt Corr Due Abated The operator is directed to seed the aforementioned area in accordance with the approved plan; an abatement date of July 18 is being given. 1101905 1 JRJ 09840-WM 06/18/13 06/18/13 JRJ0000992 A & G COAL CORPORATION 4 VAC 25-130-773.17(c) 4 VAC 25-130-816.41(c)(5) 4 VAC 25-130-816.41(e)(1) 4 VAC 25-130-816.41(e)(2) Description: The operator has failed to submit surface water, ground water, and in-stream monitoring reports for the 1st Quarter of 2013 for all MPID numbers. NOV JRJ0000992, violation 2 of 2, under Performance Code WM, is being issued. This is a non-remedial violation. Action: The operator is directed to re-initiate the water monitoring program in accordance with the approved plans. 1101905 1 JRJ 09894-BR 10/08/13 01/13/14 JRJ0001187 A & G COAL CORPORATION 01/08/14 4 VAC 25-130-816.100(a) 4 VAC 25-130-816.132(a) Description: There has been no mining activity within this permit since 4/08/13 and the Temporary Cessation ended on 10/05/13. Therefore NOV JRJ0001187, violation 1 of 1, under Performance Code BR, is being issued. Action: The operator is directed to backfill all existing highwall required to be eliminated, regrade, and seed all disturbed areas on the permit. 1101905 1 JRJ 09932-WM 01/14/14 01/14/14 JRJ0001353 A & G COAL CORPORATION 4 VAC 25-130-773.17(c) 4 VAC 25-130-816.41(c)(5) 4 VAC 25-130-816.41(e)(1) 4 VAC 25-130-816.41(e)(2) Description: The operator has failed to meet the required monitoring frequency for instream and groundwater sampling in the 3rd quarter of 2013. The operator also indicated that there are monitoring deficiencies in November of 2013. NOV JRJ0001353, violation 1 of 1, under Performance Code WM, is being issued. Action: The operator is directed to reinstate the water monitoring program in accordance with the approved plans. This is a non-remedial violation. 1101905 1 JRJ 10001-AO 05/13/14 06/16/14 JRJ0001560 A & G COAL CORPORATION 06/13/14 Permit # Company Area Inspr Viol -ps Viol Dt Term Dt Corr Due Abated Reference # Law Regulation 4 VAC 25-130-773.17(c) 4 VAC 25-130-774.15(b)(2)(v) Description: The operator has failed to submit the corrections to Renewal Application No. 1009043 by the February 20, 2014 deadline. NOV JRJ0001560, violation 1 of 1, under Performance Code AO is being issued. Action: The operator is directed to submit the above referenced corrections to Renewal Application No. 1009043. An abatement date of June 13, 2014 is being given. 1101905 1 JRJ 10059-AO 08/19/14 11/18/14 JRJ0001715 A & G COAL CORPORATION 09/22/14 4 VAC 25-130-800.12(a) 4 VAC 25-130-800.12(b) 4 VAC 25-130-801.13(d) Description: The permittee has not replaced the self-bond for this permit with an acceptable surety or collateral performance bond by August 8, 2014, as required by the Division¶s letter of June 26, 2014 (certified mail #7013 1090 0001 0523 0138). Action: The permittee shall submit an acceptable surety or collateral performance bond as required by 4VAC25-130-800.12 (a)(b) to the Division by the abatement date. The permittee shall immediately cease all coal extraction operations until it has replaced the self-bond as required herein; however, it shall continue the required reclamation, maintenance, and monitoring operations under the approved detailed plans. An abatement date of September 22, 2014 is being given. 1101905 1 JRJ 10109-WM 10/02/14 10/02/14 JRJ0001767 A & G COAL CORPORATION 4 VAC 25-130-773.17(c) 4 VAC 25-130-816.41(c)(5) 4 VAC 25-130-816.41(e)(1) 4 VAC 25-130-816.41(e)(2) Description: The operator had failed to meet the required monitoring frequency for instream and rainfall sampling in the 2nd Quarter of 2014. NOV JRJ0001767, violation 1 of 1, under Performance Code WM, is being issued. Action: The operator is directed to reinstate the water monitoring program in accordance with the approved plan. This is a non-remedial violation. 1101905 1 JRJ 10118-AO 10/15/14 11/17/14 JRJ0001813 A & G COAL CORPORATION 11/14/14 4 VAC 25-130-773.17(c) 4 VAC 25-130-774.15(b)(2)(v) Description: The operator has failed to submit the corrections to Renewal Application No. 1009043 by the extended due date of September 12, 2014. NOV JRJ0001813, violation 1 of 1, under Performance Code AO, is being issued. Action: The operator is directed to submit the corrections to Renewal Application No. 1009043. An abatement date of November 14, 2014 is being given. 1101905 1 JRJ 10163-EF 02/27/15 02/27/15 JRJ0002017 A & G COAL CORPORATION 4 VAC 25-130-816.42 Permit # Company Area Inspr Viol -ps Reference # Law Regulation Description: It was noted in September, of the 3rd Quarter 2014 Water Monitoring Report, that the Pond D discharge contained 51.2 mg/l of Total Suspended Solids (TSS), which exceeds the maximum daily allowable limit of 35.0 mg/l. This was designated as a SNC by Jared Worley, DMLR Water Quality Specialist. NOV JRJ0002017, violation 1 of 1, under Performance Code EF, is being issued to the operator. Action: This is a non-remedial violation. The laboratory analysis of the grab samples taken from the Pond D discharge, on 2/11/15, shows a TSS of 3.6 mg/l, which is less than the maximum daily allowable limit 35.0 mg/l. 1101905 1 JRJ 10186-WM 04/01/15 04/01/15 JRJ0002062 A & G COAL CORPORATION 4 VAC 25-130-773.17(c) 4 VAC 25-130-816.41(c)(5) 4 VAC 25-130-816.41(e)(1) 4 VAC 25-130-816.41(e)(2) Description: The operator has failed to meet the required monitoring frequency for instream and groundwater sampling in the 3rd and 4th Quarter of 2014. NOV JRJ0002062, violation 1 of 1, under Performance Code WM is being issued. Action: This is a non-remedial violation. The operator is directed to reinstate the water monitoring program in accordance with the approved plan. 1101905 1 JRJ 10261-AO A & G COAL CORPORATION Viol Dt Term Dt Corr Due Abated 10/23/15 11/30/15 JRJ0002369 4 VAC 25-130-773.17(c) Description: The operator has failed to submit the corrections to Renewal Application No. 1009043 by the 9/30/15 deadline. NOV JRJ0002369, violation 1 of 1, under Performance Code AO, is being issued. Action: The operator is directed to submit the above referenced corrections to Renewal Application No. 1009043. An abatement date of 11/30/15 is being given. 1101905 1 JRJ 10343-AO 07/06/16 08/23/16 JRJ0002746 A & G COAL CORPORATION 08/09/16 4 VAC 25-130-773.17(c) Description: The operator failed to submit the corrections to Revision Application No. 1009794 by the May 23, 2016 due date, as required by the 2nd Amendment to the Compliance Agreement with The Division. NOV JRJ0002746, violation 1 of 1, under Performance Code AO, is being issued. Action: The operator is required to submit the above referenced corrections to Revision Application No. 1009794. An abatement date of August 9, 2016 is being given. 1101905 1 JRJ 10370-AO 10/14/16 11/16/16 JRJ0002892 A & G COAL CORPORATION 11/15/16 45.1-235(E) 45.1-254(C) 4 VAC 25-130-773.17(c) 4 VAC 25-130-777.17 Description: According to DMLR electronic records (Track #1066), the operator has failed to submit the Anniversary Fees by the due date of 9/21/16. NOV JRJ0002892, violation 1 of 1, under Performance Code AO, is being issued. Action: The operator is directed to submit the above referenced Anniversary Fees. An abatement date of November 15, 2016 is being given. 1101905 1 JRJ 10379-SS 12/14/16 01/12/17 JRJ0002964 Permit # Company Area Inspr A & G COAL CORPORATION Viol -ps Viol Dt Term Dt Corr Due Abated Reference # Law Regulation 01/12/17 4 VAC 25-130-773.17(c) 4 VAC 25-130-816.49(a)(3) Description: The operator has failed to submit the construction certification for Pond D3. NOV JRJ0002964, violation 1 of 1, under Performance Code SS, is being issued. Action: The operator is directed to submit the construction certification for Pond D3. An abatement date of January 12, 2017 is being given. 1101905 1 JRJ 10426-AO 05/02/17 05/24/17 JRJ0003130 A & G COAL CORPORATION 05/17/17 45.1-235(E) 45.1-254(C) 4 VAC 25-130-773.17(c) 4 VAC 25-130-777.17 Description: According to DMLR electronic records (Track # 1177), the operator has failed to submit the required Anniversary and NPDES Fees by the March 21, 2017 deadline. NOV JRJ0003130, violation 1 of 1, under Performance Code AO, is being issued. Action: The operator is directed to submit the required Anniversary and NPDES Fees. An abatement date of May 17, 2017 is being given. 1101905 1 JRJ 10510-AO 12/19/17 01/08/18 JRJ0003468 A & G COAL CORPORATION 01/03/18 45.1-235(E) 45.1-254(C) 4 VAC 25-130-773.17(c) 4 VAC 25-130-777.17 Description: DMLR electronic records show that the operator has failed to submit the Renewal Fees associated with Application No. 1009043. NOV JRJ0003468, violation 1 of 1, under Performance Code AO is being issued. Action: The operator is directed to submit the required Renewal Fees as directed by Application No. 1009043. An abatement date of January 3, 2018 is being given. 31 records listed.