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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 />Seeding of the fill slopes and ditches associated with the new road alignment through the <br />waste disposal area was not completed prior to the snow, and will need to be completed <br />following snow-melt and thaw, when ground conditions permit. <br />The current access road compliance statement in the permit will need to be amended or <br />replaced to reflect the change to haul road status for the lower road segment from the state <br />highway to the waste disposal area. <br />Hvdroloaic Balance <br />Collection and diversion ditches in the coal waste disposal area were in place and <br />functional. Snow cover prevented detailed observations or measurements, but it was clear <br />that all disturbed area drainage is directed to the sediment pond in compliance with the <br />approved plan. <br />The upper road and mine bench areas were not accessed due to deep snow cover along the <br />canyon segment of the road. Drainage and sediment control facilities along the upper road <br />and on the mine bench were inspected on November 79 and were in good condition at that <br />time. <br />The sediment pond was snow covered, but appeared to be in good condition. Due to very <br />cold temperatures that have prevailed since the Thanksgiving snowfall, there has been very <br />little runoff into the pond to date. <br />Processing Waste <br />Site preparation foundation and drainage control installation was completed in early <br />November and certified by P.E. James E. Stover. Due to snow cover, detailed observations <br />and measurements could not be made during this inspection, but no problems were <br />apparent. <br />Sediment clean-out material from McClave Canyon Mine (mostly from the sediment drying <br />area) was recently hauled to the excavated portion of the disposal site, which is the base of <br />the Phase 1 disposal pile. The material will need to be spread, graded and compacted in <br />compliance with design specifications, when moisture and soil conditions are conducive. <br />The volume of material appeared to be such that a layer up to two feet thick across the <br />excavated area might result from grading and compaction. <br />Stabilization seeding and mulching was completed on the new topsoil stockpile, and some <br />ditch locations, but various other disturbed areas associated with the waste disposal area <br />did not get seeded before the snowfall and onset of cold weather. Stabilization seeding and <br />mulching of remaining road and pond embankments, berms, ditches, and the cover soil <br />stockpile will need to be completed when ground conditions allow. As noted in the previous <br />