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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the inspection <br />and the facts or evidence supporting the enforcement action. <br />would be included within Technical Revision 46, to be submitted prior to the end of the <br />year. If possible, the construction certification and "as-builts" for the recently completed <br />permanent channels "005" and "005E-1" in the "D" Pit reclaimed area will also be included <br />in TR-46. <br />Second, the recently approved TR-42 included three stipulations (31, 32, and 33). <br />Stipulation 31 requires submittal of amended Map 13-2A, updated to accurately depict light <br />use road locations, by November 28, 2003. Stipulation 33 requires submittal of a relevant. <br />showing statement in lieu of certification for the Coal Carriers' Access Road, also by <br />November 28, 2003. These items were also discussed at the close-out meeting, and the <br />operator indicated that the required documentation would be included in Technical Revision <br />45, that would be submitted by November 28. Stipulation 32 specifies that road retention <br />demonstrations to include signed landowner request for road retention would be provided <br />prior to Phase 1 bond release approval for reclamation parcels containing a permanent road. <br />The operator had prepared a request letter to be provided for landowners to sign, which I <br />viewed during the close-out meeting. The letter appeared to address the pertinent <br />requirements, and landowner signature of the letter will be adequate to satisfy the <br />regulatory requirement for landowner request for road retention. <br />Third, annual certification survey documentation was on file for Sediment Ponds 005, 006, <br />009, 015, 016, and 017, however some additional information needs to be included and <br />was discussed with the operator. Specifically, the annual impoundment certifications need <br />to include a statement of compliance, documenting that the impoundment has been <br />maintained as designed, and in accordance with the approved plan and the applicable <br />regulations, pursuant to Rule 4.05.9114)(b-. The amended reports will need to be promptly <br />submitted to the Division, pursuant to (14-Ib), and maintained on file at the mine, pursuant <br />to 114-Ic-. The operator indicated that the subject certifications would be properly amended <br />and submitted to the Division promptly. <br />Annual certifications for stock tank impoundments have not yet been completed, because <br />"typical" worst case stability analysis for the stock ponds was included in PR-4, which is <br />still under review by the Division. The annual certifications will need to be provided for the <br />stock tank impoundments, upon resolution of design issues addressed in PR-4. <br />Roads <br />Preliminary grading associated-with construction of the permanent oil well access road had <br />recently been initiated. <br />Cuts and fills along the recently completed Haul Road K had been broadcast seeded earlier <br />this fall. Smooth cut slopes had been dozer tracked to provide sites for seed catchment and <br />coverage. <br />4 <br />