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<br />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 />Hydrologic Balance (cont'd) <br />A short segment of silt fence below the collection ditch on the north side of the new topsoil <br />stockpile at the coal waste disposal area had been knocked over, and needs to be re-set. <br />The new sediment pond at the coal waste area had been completed. The pond was dry <br />except for a shallow puddle. P.E. Construction certification of the pond was completed by <br />James E. Stover on 11/11/04, and submitted to the Division. <br />SAE-1 sediment trap on the mina bench was dry, and the loose rock structure was in good <br />condition. Silt fencing associated with SAE-1 and other SAEs was intact and functional. <br />Backfill and Grading <br />The interim reclamation backfill at the mine bench area appeared stable. There is a good <br />perennial vegetation cover over most of the backfilled area, with minimal erosion. <br />Previously repaired area of caving over one of the portal openings has been topsoiled, <br />seeded and mulched since the previous inspection. There was no indication of new caving <br />in the area of the backfilled portals, or other indications of backfill instability. <br />Processing Waste <br />Site preparation work at the new coal waste disposal site, including topsoil and cover soil <br />removal and stockpiling, and diversion, collection ditch, and sediment pond construction has <br />been completed for Phase 1 of the three phase project. Riprapped diversions are in place <br />above the Phase 1 disposal area and the adjacent cover soil stockpile. The diversions tie <br />into collection ditches in accordance with the approved plan, such that all disturbed area <br />drainage is conveyed to the sediment pond, in accordance with the approved plan. <br />A waste bank certification report dated 11/11/04 was completed by P.E. James E. Stover, <br />and submitted to the Division. The report certified that the waste bank foundation and <br />surface drainage systems were constructed as designed and in accordance with the <br />approved plan. The report noted that not all design ditches have been constructed, and that <br />remaining ditches will be constructed as necessary as the pile expands, which is allowed <br />under the phased design. Likewise, the upper diversion ditch has not been constructed at <br />its ultimate final elevation. The upper diversion will be relocated to a higher elevation on <br />the hillslope as the waste pile is built up. The report further noted that the upper diversion <br />depth was approximately 1 foot less than the design specification, but documented that the <br />ditch as constructed will convey the 100-year design flow with 1.6 feet of freeboard, and <br />concluded that the ditch as constructed was satisfactory for the temporary diversion. <br />The Division will measure dimensions and slopes of the various drainage structures during a <br />future inspection. If our measurements are consistent with the certification, we will likely <br />concur with the conclusion that the temporary diversion as constructed is adequate based <br />on capability to convey the design flow with adequate freeboard. However, we note that <br />the approved permit specifies that diversion and collection ditches will be constructed <br />according to design plans, even though they may need to be relocated in the future. <br />Depending on the results of our measurements, the Division may request that the permit be <br />