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III. Comments - Compliance ,~ v Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inppection and the facts or evidence supporting the enforcement action. Four culverts were mapped on the south and west side of the road cutting through the loadout. The westernmost culvert had been buried and was not found (IV.c.). The next culvert east (III.b.) had been mislocated on Map 13 and was partially clogged. The culvert under the current entrance to the west loadout was clear but the furthest culvert south was more than half full on the inlet and outlet (IV.b.). Section B of the north refuse ditch on the refuse pile was shallower than designed (I.a.). The operator brought in a front loader to dig it out, but thawing conditions halted their work prior to completion. Sediment Ponds 4, 5, L.O. No.l and L.O. No. 2 have combination spillways and Impoundments 2 and 3 have no spillways at all. The operator has commenced permitting of emergency spillways, but final approval and subsequent installation has not commenced. As a result, NOV 91-30 was written for failure to comply with Rule 4.05.6(3)(d). Pond 1 at the loadout handles drainage from the east end of the coal stockpile and from the northern slope of Impoundment 2. It also discharges water pumped from the adjacent pond which serves as a re-circulation and treatment site for water from the coal processing plant. Pond 1 has been being dredged for the last two months, according to the inspection reports, with little progress. The sediment level was right at the crest invert elevation on the primary valve. The approved sediment clean out level according to Map 21 is 1.76" below this elevation. The metal apron on the west end of the pond was undercut about 7 feet. Quarterly pond inspection over the last year documented this condition and recommended repair. Mr. Weaver indicated that calving in the area had been minimal during the past five years, that instability appeared to have been a finding of rapid drawdown from pumping between Pond 1 and Impoundment 2 by the previous owner. Nevertheless, NOV 91-31 was written for failure to maintain sizing for a 10-year, 24-hour event, due to elevated sediment levels, and for failure to maintain the pond in accordance with the design and engineer's recommendations. Sediment level was also a concern at Pond 4. The sediment level immediately below the primary discharge invert elevation 0.9' and it should have been 1.3' in accordance with Map 23. However, Mr. Weaver provided aerial photos shot in June, 1991, immediately following pond cleaning, that showed that cleaning activities had not inciuded the area around the outlet works. Two men who had worked on the project indicated that outlet works protection was a high priority and equipment had stayed away from there. Pond 4 has three culverts for the secondary spillway outlet works: the west spillway, a center combination spillway, and the east spillway. The east spillway was crushed closed on the inlet. It appeared that there was only 3"-4" of roadbase above the top of the Culvert. NOV 91-31 includes a citation for failure to maintain Pond 4 in accordance with the design.