5/5/05 - FINDINGS OF VIOLATION AND ORDER FOR COMPLIANCE ISSUED. ORDER PERTAINS TO THE DEPOSITION OF DREDGED AND/OR FILL MATERIAL INTO JURISDICTIONAL WATERS OF THE U.S. IN UNNAMED TRIBUTARIES OF BILLY LOWE BRANCH WHICH FLOWS TO BRUSHY FORK, WHICH IS A TRIBUTARY TO JOHNS CREEK IN PIKE COUNTY, KY.
BASED ON INFORMATION OBTAINED FROM THE U.S. ARMY CORPS OF ENGINEERS (COE) AND AN EPA SITE INVESTIGATION ON JANUARY 14, 2005, EPA HAS DETERMINED THAT HNR MINING, INC., HAS DISCHARGED DREDGED AND/OR FILL MATERIAL INTO 325 LINEAR FEET OF WATERS TO CONSTRUCT POND #1. ADDITIONALLY, THE SLOPE FAILURE OF HOLLOW FILL #1 ABOVE POND #1 HAS RESULTED IN IMPACTS TO 1,925 FEET OF BILLY LOWE BRANCH. AFTER A SITE INVESTIGATION ON DECEMBER 7, 2004, THE COE REPORTED THAT COAL SLUDGE FROM THE SLOPE FAILURE WAS ESTIMATED TO HAVE BEEN TRANSPORTED VIA BILLY LOW BRANCH, SEVEN MILES TO BRUSHY CREEK. IN ADDITION, A STREAM CROSSING AND NUMEROUS IN-STREAM ROCK CHECK DAMS AND HAY BALES WERE INSTALLED TO CONTROL SEDIMENT RUNOFF.
ORDER REQUIRES:
RESPONDENT SHALL IMMEDIATELY CEASE PARTICIPATING IN OR CAUSING ANY ADDITIONAL DISCHARGES INTO THE DISCHARGE AREA OF ANY POLLUTANT. IN THE EVENT THAT RESPONDENT'S COMPLIANCE WITH ANY STATE REQUIREMENT CONFLICTS WITH THE TERMS OF THIS ORDER, RESPONDENT IS DIRECTED TO CONTACT THE EPA REPRESENTATIVES IDENTIFIED IN THE COVER LETTER.
RESPONDENT SHALL, WITHIN 48 HOURS, NOTIFY EPA WHETHER RESPONDENT INTENDS TO COMPLY WITH THIS ORDER.
RESPONDENT SHALL SUBMI