Document dYK6224zjmngqxDK72aGwqNX5

Clean Water Act Section 404: Site Visit/Case Development For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) This report includes only factual information gained by documentation, onsite observations, and/or onsite interviews. Inspector Name(s) Joel Strange Time In 09:00 EST Start Date May 7, 2024 Time Out 15:00 EST End Date May 7, 2024 Inspector's Organization Enforcement and Compliance Assurance Division/Waterways and Wetlands Enforcement Section Organization Requesting Inspection (if different) Inspection Type Case Development Inspection Status Original Site Name Kelly Branch Site Address* Highway 38 City* Evarts County* Harlan State* KY Zip Code* 40828 Mailing Address* Nally and Hamilton Enterprises, Inc, 109 South 4th Street Bardstown, Kentucky 40004 City* Bardstown County* Nelson State* KY Zip Code* 40004 Latitude* 36.898404 N Longitude* -83.024329 W Estimated Size of Site (acres) NA Is there a home on the site? Yes No Signature Inspector JOEL STRANGE Date: 2024.06.27 15:14:10 -04'00' Digitally signed by JOEL STRANGE Date Signature Supervisor AHMAD DROMGOOLE Date: 2024.07.18 10:29:00 -04'00' Digitally signed by AHMAD DROMGOOLE Date Effective August 2020 Page 1 of 4 Clean Water Act Section 404: Site Visit/Case Development For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name Kelly Branch Start Date May 7, 2024 End Date May 7, 2024 Inspection Purpose Initial site visit Presentation of Inspector Credentials Opening Conference Name and Title (Use N/A if owner/operator not available to join the inspection) Daniel Clark, N&H Opening Conference Name of person authorizing access if applicable Daniel Clark, N&H Notes from Opening Conference All parties introduced themselves, then the EPA inspection team discussed the inspection's purpose and objective. Access Issues if Any Describe N/A Inspection Observations and Sample Collection Site Owner/Site Operator/Responsible Party (Name, title and contact information) Nally and Hamilton Enterprises, Inc Additional Persons Present at Inspection Brent Sewell, USACE - brent.j.sewell@usace.army.mil Alexis Sulfridge, KYDEP Enforcement - alexis.sulfridge@ky.gov Destiny Price, KYDEP Enforcement - destiny.price@ky.gov Samantha Vogeler, KYDEP DOW - samantha.vogeler@ky.gov Rob Miller, KYDEP DOW - robertl.miller@ky.gov Eddie Paige, KYDEP DOW - eddie.paige@ky.gov Dwayne Taylor, KYDEP DNR - dwayne.taylor@ky.gov Jerma Madon, KYDEP DNR - Jerma.madon@ky.gov Jason Taylor, OSM - dtaylor@osmre.gov Clayton Nantz, OSM - cnantz@osmre.gov Jesse Robinson, Waypoint - jesse@waypointllc.com Michael Boller, Waypoint - michael@waypointllc.com General Site Characteristics (layout of property, etc.) See Attachment A. Effective August 2020 Page 2 of 4 Clean Water Act Section 404: Site Visit/Case Development For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name Kelly Branch Start Date May 7, 2024 End Date May 7, 2024 Purpose and Need for Discharge of Dredged and/or Fill Material The facility is a contour surface coal mining site east of Evarts, Kentucky. Sediment ponds and stream crossings were needed for the operation. Site Overview (Past inspections, site description, permits, etc.) Multiple landslides occurred on the Site during the mining operation. One slide area impacted the left fork and mainstem of Kelly Branch. Kelly Branch is a tributary of Clover Fork. The Site is located approximately 2.5 miles due east of Closplint, Kentucky (see Attachment A). Scope of Inspection (Areas inspected or not inspected) See Attachment A. Effective August 2020 Page 3 of 4 Clean Water Act Section 404: Site Visit/Case Development For inspections authorized pursuant to Clean Water Act sections 308 and 404 (33 U.S.C. 1318 and 1344) Site Name Kelly Branch Start Date May 7, 2024 End Date May 7, 2024 Environmental Conditions (e.g., wind, rain, smoke, dust, temperature, snow) Weather Conditions During the Site Inspection: scattered clouds, upper 70s to low 80s, little to no wind. Antecedent precipitation was drier than normal on the date of the inspection (see Attachment B). Field Work Conducted Observations were conducted at Kelly Branch downstream of the slide and from the bench above the slide. Observations were also made of pond 8 (Attachment A). Photographs were taken using a GPS-enabled Nikon AW120 camera. Locations of observations are included in the attached site overview map and photographic log (see Attachments A and C). Closing Conference Documents Received and/or Requested During the Inspection NA Compliance Assistance Provided (If any) NA Observations Relayed to Site Owner/Operator The EPA informed the Respondent's representatives that we would discuss observations with EPA management. In addition, the group was informed that the EPA inspection report would be completed within 60 days of the closing conference. Actions Taken by Owner/Operator During the Inspection (If any) None. Potential Issues of Concern Including Regulatory Citations Unauthorized discharges of dredged and/or fill material into water of the United States (Sections 301 and 404 of the CWA, 33 U.S.C. 1311 and 1344). Attachments* Maps and Sketches Photographs (including location) and Photo Log Other (SSIP, Wetlands Delineation Forms, etc.) Attachment A - Site Overview Map Attachment B - Antecedent Precipitation Data Attachment C - Photographic Log Additional Notes None. Effective August 2020 Page 4 of 4 ATTACHMENT A Antecedent Precipitation vs Normal Range based on NOAA's Daily Global Historical Climatology Network 8 Daily Total 30-Day Rolling Total ATTACHMENT B 30-Year Normal Range 7 2024-03-08 6 Rainfall (Inches) 5 4 2024-04-07 2024-05-07 3 2 1 0 Oct Nov 2023 2023 Coordinates Observation Date Elevation (ft) Drought Index (PDSI) WebWIMP H2O Balance Dec 2023 36.898404, -83.024329 2024-05-07 2458.955 Mild drought (2024-04) Wet Season Jan Feb Mar Apr May Jun Jul Aug Sep 2024 2024 2024 2024 2024 2024 2024 2024 2024 30 Days Ending 2024-05-07 2024-04-07 2024-03-08 Result 30th %ile (in) 3.776378 3.149213 3.429921 70th %ile (in) 6.064173 5.316929 6.122047 Observed (in) 2.818898 3.633858 5.728347 Wetness Condition Dry Normal Normal Condition Value 1 2 2 Month Weight 3 2 1 Product 3 4 2 Drier than Normal - 9 Weather Station Name WISE 1SE CUMBERLAND 2N N FK LAKE GATE CITY 6.2 NNE BIG STONE GAP Coordinates 36.9725, -82.5578 36.9933, -82.9867 37.1244, -82.6339 36.7217, -82.5367 36.8567, -82.7997 Elevation (ft) 2563.976 2720.144 1674.869 1965.879 1465.879 Distance (mi) 26.269 23.716 11.303 17.368 15.575 Elevation 105.021 156.168 889.107 598.097 1098.097 Weighted 14.58 14.376 15.136 18.203 24.112 Days Normal 11287 3 31 6 25 Days Antecedent 83 0 4 3 0 ATTACHMENT C Nally & Hamilton, Kelly Branch Inspection Photographic Log Evarts, Kentucky May 7, 2024 Overview Map Attachment C Page 1 of 18 File Name: DSCN0453.JPG Title Comment Description Photo 1 Taken by Joel Strange Photograph of rock check dam in Kelly Branch. Attachment C Page 2 of 18 File Name: DSCN0454.JPG Title Comment Description Photo 2 Taken by Joel Strange Photograph of rock check dam and Kelly Branch, facing upstream. Attachment C Page 3 of 18 File Name: DSCN0455.JPG Title Comment Description Photo 3 Taken by Joel Strange Photograph facing downstream of rock check dam in Kelly Branch. Attachment C Page 4 of 18 File Name: DSCN0456.JPG Title Comment Description Attachment C Photo 4 Taken by Joel Strange Kelly Branch facing upstream above the rock check dam. Page 5 of 18 File Name: DSCN0457.JPG Title Comment Description Photo 5 Taken by Joel Strange Photograph of Kelly Branch facing upstream approximately 75lf above rock check dam. Attachment C Page 6 of 18 File Name: DSCN0458.JPG Title Comment Description Photo 6 Taken by Joel Strange Kelly Branch facing downstream, same location as previous photograph. Attachment C Page 7 of 18 File Name: DSCN0459.JPG Kelly Branch, Left Fork Kelly Branch Title Comment Description Photo 7 Taken by Joel Strange Kelly Branch facing upstream. Left Fork straight ahead and mainstem of Kelly Branch coming in from the right. Attachment C Page 8 of 18 File Name: DSCN0460.JPG Title Comment Description Photo 8 Taken by Joel Strange Left Fork of Kelly Branch facing upstream. Photograph is at the confluence of the left fork and the mainstem of Kelly Branch. Attachment C Page 9 of 18 File Name: DSCN0461.JPG Title Comment Description Photo 9 Taken by Joel Strange Mainstem of Kelly Branch facing upstream. Attachment C Page 10 of 18 File Name: DSCN0462.JPG Title Comment Description Photo 9 Taken by Joel Strange Left Fork of Kelly Branch, facing upstream. Photo taken at the location of the upper check dam. Attachment C Page 11 of 18 File Name: DSCN0463.JPG Title Comment Description Photo 9 Taken by Joel Strange Same location as previous photo facing downstream. Attachment C Page 12 of 18 File Name: DSCN0464.JPG Title Comment Description Photo 9 Taken by Joel Strange Duplicate of previous photo. Attachment C Page 13 of 18 File Name: DSCN0465.JPG Title Comment Description Photo 9 Taken by Joel Strange Photo of the Site visit attendance sheet. Attachment C Page 14 of 18 File Name: DSCN0466.JPG Slide Area Title Comment Description Attachment C Photo 9 Taken by Joel Strange Photograph of slide area that went into the left fork of Kelly Branch. Photo taken from Pond 8 access road. Page 15 of 18 File Name: DSCN0467.JPG Title Comment Description Photo 9 Taken by Joel Strange Photo of slide are from mine bench, facing toward the left fork of Kelly Branch. Attachment C Page 16 of 18 File Name: DSCN0468.JPG Title Comment Description Attachment C Photo 9 Taken by Joel Strange Looking down second slide that impacted the mainstem of Kelly Branch. Page 17 of 18 INTENTIONALLY BLANK Attachment C Page 18 of 18