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r • • <br />Below are comments on the inspection. The comments include discussion of observations made during the <br />inspection. Comments also describe any enforcement actions taken during the inspection and the facts or <br />evidence supporting the enforcement action. <br />This partial inspection of the Chimney Rock Coal Mine occurred to verify the removal <br />of the boulders from Stollsteimer Creek, temporarily placed by Corey Hutchinson of <br />Aqua Hab. <br />DMG previously inspected the site on 12120/99, in response to operator request <br />regarding activities conducted by Ms. Hutchinson within the permit boundary. As <br />noted in DMG's inspection report from the 12/20/99 inspection, Ms. Hutchinson <br />conducted rock picking and brush clearing activities adjacent to Stollsteimer Creek <br />along the northeast boundary of the coal permit area. Ms. Hutchinson had permission <br />from the landowner, Melvin Martinez, to enter his land for the rock picking and brush <br />clearing activity. However, Ms. Hutchinson was apparently not aware of the coal <br />permit boundary, located on lands owned by Mr. Martinez, and had not requested or <br />received permission from the coal permittee to enter the permit boundary. Ms. <br />Hutchinson's activities within the coal permit boundary included temporary placement <br />of a minor stockpile of boulders located below the ordinary high water elevation of <br />Stollsteimer Creek. <br />During this inspection, DMG observed that the boulders had been removed from the <br />channel of Stollsteimer Creek. The stockpile had been relocated to an area above the <br />high water elevation of Stollsteimer Creek but remained within the coal permit <br />boundary. Disturbance to the channel bank, resulting from the stockpiling and <br />stockpile relocation activities, appeared minor; primarily compaction of the established <br />vegetative cover. The removal of the stockpiled boulders from Stollsteimer Creek <br />appeared to have been conducted in accordance with the Army Corps of Engineers <br />12/22/99 directive, and with the operator's conditional permission, dated 1 /7/00. <br />Evidence of activity within the coal permit boundary, occurring since DMG's 12/20/99 <br />inspection, was limited to the relocation of the stockpiled boulders from Stollsteimer <br />Creek. <br />Reclamation of disturbances created by Ms. Hutchinson and located within the coal <br />permit boundary, appeared to be limited to removal of the stockpiled boulders, removal <br />of the stockpiled vegetative debris, and revegetation of areas impacted by equipment <br />tracks and material stockpiles. <br />