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• • <br />III. Comments - Compliance <br />Below are particular issues with regard to any of the compliance items. <br />Enforcement actions resulting from failure to comply with the Act, Rules and <br />Regulations, and the permit also are identified below. <br />Availability of Records (5.02.4) <br />All applicable records were examined. <br />During the examination of monitoring records it was brought to our attention <br />that the downstream Trout Creek station for the Apex Mine No. 2 is the <br />upstream Trout Creek station far the Edna Mine monitored by P&M. The Division <br />has approved some changes in the Edna Mine monitoring not reflected in Apex's <br />monitoring program, under separate cover the Division will request changes in <br />Apex's monitoring program to allow for more accurate comparison of the data <br />from the two sites. <br />Hydrologic Balance (4.05) <br />Spring runoff and pumping from the mine have filled the sediment pond to <br />within several inches of discharging through the principal spillway. The <br />principal spillway was blocked at the time of inspection. This needs to be <br />corrected so that should the pond reach the discharge elevation it will <br />function properly. <br />