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III. Comments - Comoltance <br />Below are particular issues with regard to any of the compliance items. <br />Enforcement actions resulting from failure to comply with the Act, Rules <br />and Regulations, and the permit also are identified below. <br />1. Coal quality has decreased in recent months, which is hindering <br />coal sales. This is one reason why additional coal storage area is <br />needed. <br />2. The mine had up to 12 inches of snow cover in spots, making <br />some observations difficult. <br />3. Asa result of piling too much coal ort the coal storage area, <br />the west edge of the pile has exceeded its boundaries. The west edge of <br />the pile has covered a portion of the topsoil stockpile and has filled in <br />the upland diversion ditch which diverts undisturbed drainage. As a <br />result, some topsoil has been contaminated and the drainage and sediment <br />control system cannot function as designed. The Division feels this is a <br />serious problem that could have been avoided. The Dl vision is issuing a <br />Notice of Violation that will specify the abatement measures necessary to <br />correct the problem. Those measures are repeated in Section IV of this <br />report. <br />4. The old scale facility which has been temporarily shut down by <br />the operator has been fenced to keep out unauthorized persons. <br />5. The operator has removed the small coal pile at the access road <br />switchback. This pile had been used for employees. <br />