INSPEC12710

• Permit No: C1982057
• IBM Index Class Name: Inspection
• Doc Name: Inspection Report
• Inspection Date: 11/18/2003
• Media Type: D
• Archive: No

III. COMMENTS -COMPLIANCE
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 inspection
and the facts or evidence supporting the enforcement action.
withhin 1999 "D" Pit reclamation, and a gully headcut within a disturbed drainage area
along the southern perimeter of the "A" Pit area, below the dragline parts facility area.
NOV CV-2003-015
NOV CV-2003-015 was issued November 21, 2003, based on observations made during
the field inspection November 18 through November 20. The NOV was issued for Fai/ure to
implement all aspects of the approved aspen transplanting field trial study in accordance
with the permit schedule. Specifics/ly, operator did not locate, se/ect, dig and store suitable
site-native aspen saplings during October 2003 for dormant transplanting into the field trial
study plots in May 2004.
The NOV applied to the Aspen Test Plot Area as depicted on Exhibit 22-1A, and native
aspen stand within major portion of the northern Sage Creek/Wolf Creek Mining Block as
depicted on Exhibit 12-3. The approved plan is described on pages 23a, 23b, and Appendix
22-3 of the permit application package. The schedule for study implementation is set forth
in Section 6.0 of Appendix 22-3. A detailed account and chronology (inspector's
perspective) of the circumstances surrounding the aspen study and the problems that
culminated in the enforcement action is presented in Attachment A, to NOV CV-2003-015.
In summary, a major component of the plan to which the operator committed in the
approved permit (obtaining site native aspen saplings from the stand to be mined through)
was not practicable, because apparently there are very few saplings of suitable size within
the stand. The operator was aware of this problem by mid August, 2003, and notified the
Division during my inspection on August 20, 2003. On at least two occasions (see DMG
inspection reports dated 9/8/03 and 9/30/03), the Division cautioned the operator that if the
approved plan to harvest site native saplings within the required time frame could not be
implemented, an appropriately modified study plan would need to be provided. In the
September 8 inspection report, the Division specified a submittal deadline of "the end of
September" for the amended study plan. No such plan amendment had been submitted
prior to the November inspection.
Availability of Records
Required records were, for the most part, on file and up-to-date through the third quarter of
2003. Some explanation is warranted regarding certain required records.
First, construction certifications are required for the recently completed Haul Road K and the
recently completed Sediment Pond 016A. Also, an 18" extension was installed on the
Sediment Pond 006 primary spillway riser earlier this fall, to provide the capacity specified
in the Pond 006 Phase V approved design. The Phase V construction certification will need
to be submitted. At the close-out meeting on November 21, these items were discussed,
and the operator indicated that these construction certifications and "as-built" designs