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III. COMMENTS -COMPLIANCE <br />Below ore comments on the inspection. The comments include discussion of observations <br />made during the inspection. Comments also describe any enforcement actions taken during <br />the inspection and the facts or evidence supporting the enforcement action. <br />This was a partial inspection conducted by Sandy Brown. George Patterson from EFC <br />accompanied me on the inspection. It was raining during the inspection; the ground and <br />roads were muddy. <br />Backfilling and grading at the surface facilities is nearly complete. There is one outslope, on <br />the road leading to the refuse pile, that is steeper than EFC had anitcipated. George said he <br />would discuss this with Jim Stark before completing final grading. A small pile of topsoil <br />remains there until the final slope is decided upon. <br />Most of the drainage from the facilities area flows into Pond 5. There is one small area <br />exemption on the eastern edge adjacent to Magpie Creek. Due to the muddy conditions, we <br />did not look at it during this inspection. <br />Final grading is nearly complete on the refuse area as well. All that remains is the ditch on <br />the western edge of the pile. The clear water pond has been rough graded, final grading will <br />place after the ground dries out. There is a silt fence on the north east corner of where the <br />clean water pond was. Mr. Patterson said the drainage from the area is within the Pond 5 <br />drainage, but it was unclear how drainage from this area will flow into Pond 5 without causing <br />off-site disturbance. <br />A contractor was in the process of removing powerlines and poles. The power company is <br />considering leaving sub-station No. 2. EFC will postpone grading that area until a final <br />decision is made. <br />Due to the muddy conditions, we did not drive to the Newlin Creek topsoil pile or the fan site. <br />I looked at the loadout prior to inspecting the mine site. There were rail cars on the eastern <br />boundary of the site, adjacent to the sediment pond. Perennial vegetative cover appears <br />sparse, this may be due to the dry summer. EFC may want to spread some additional seed <br />this fall when they seed the mine site to enhance the vegetative cover. <br />EFC planted an oats cover crop earlier in the summer. Very little germination was observed <br />due to the extremely dry conditions this summer. EFC plans to drill seed mix this fall. Some <br />modifications to the proposed mix have been proposed that the DMG is reviewing as part of <br />Technical Revision No. 34. A decision on that revision should be made in the next week. <br />Overall, the site looks very good. EFC plans to submit a Phase I bond release application in <br />the near future. <br />