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III. Comments - Compliance Below are particular issues with regard to any of the compliance items. Enforcement actions resulting from failure to comply with the Act, Rules and Regulations, and the permit also are identified below. 4.02 Sians and Markers The perimeter markers have been erected as requested in the previous inspection report. 4.05 Hydrologic Balance 1. The berm along the east end of the storage bench and the ditch behind the shop have been cleaned. 2. The emergency spillway for Pond K had not been constructed by the specified compliance deadline of April 15, 1984. The operator had started construction but had not completed the required work. Notice of Violation No. C-84-063 was written for failure to construct the emergency spillway. The emergency spillway had been constructed on April 26, 1984, but erosion protection in the form of riprap had not been put in place on the spillway. 3. The automatic sampling stations installed by J.F. Sato and Associates were inspected. The station in the unnamed drainage had a full sample bottle although there was no evidence of a flow event in the past few days (the channel was dry). The station below Pond K was not functional. The sample bottle had been disconnected during a flow event. There was some evidence that water had discharged from the pond recently. Both monitoring stations were improperly installed. The collection tube was facing upstream which would lead to the collection of extra sediment. Notice of Violation No. C-84-062 was issued for failure to monitor surface water according to the approved plan. 4.06 Topsoil The temporary topsoil stockpile above the haul road has been moved to the permitted stockpile as required. 4.28 Support Facilities Not Located at or Near the Mine Site The coal pile has been cleaned up at the mine office near Aguilar.