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III. COMMENTS -COMPLIANCE Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. following day, with Norm Avery (MCC), and only then would plan variance approvals be considered. It was also observed during the early afternoon that an area of the east bench exhibited what appeared to be mixed and rutted subsoil and refuse material. Ms. Johnston stated that a dozer had been stuck in this area, due to wet conditions. Johnston indicated that it had been necessary to use additional equipment to free the dozer. It was noted that large pieces of broken concrete were present in the refuse pile. Please remove these or crush them down. The mine site inspection was stopped at this point, to initiate a meeting with Mr. Norm Avery (MCC) and the landowners Mautz at the Mautz ranch. Day Two Inspection (6/13/96): Excess Spoil & Development Waste At approximately 8:00 a.m., the inspection reinitiated at the lower refuse pile. Inspectors Berry and Boulay were accompanied by Mr. Henry Barbe (MCC). The inspection began at the pile top. Upon arrival at the refuse pile, it was noted that at least two scraper loads of subsoil were placed on the refuse top area at the northeast corner. This is generally where Ms. Johnston had indicated a third pile might be located, and this location was specifically not approved for soil material storage. This location was in addition to the already approved two locations. The inspection proceeded to the northwest corner of the refuse pile top, where a dozer was pushing refuse material downward in order to create a ramp from the pile top to the bench area where soil material salvaging operations were occurring. From the top of the pile, it appeared that the ramp development activities were burying unsalvaged subsoil material. Mr. Berry and Mr. Barbe proceeded to the bench level, at which time Mr. Berry told Mr. Barbe that if subsoil had been buried, this probably would constitute a violation. It was at this time that Mr. Berry informed Mr. Barbe that placement of subsoil at the additional (third) pile top location was not approved, and that during the previous day, Berry and Johnston had agreed to discuss available options with Avery prior to any approval or implementation of a plan variation. It