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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 <br />inspection and the facts or evidence supporting the enforcement action. <br />was also noted that some subsoil material was lying on the refuse <br />ramp at the east edge toe of the ramp. <br />Mr. Barbe contacted the main office and requested that Avery and <br />Johnston join us for further discussion of the situation. Berry <br />requested that Barbe have the dozer use the rear tooth to excavate <br />a trench at a location approximately 15 feet east of the refuse <br />ramp toe. Mr. Barbe was extremely cooperative, and a trench was <br />cut. The dozer than made a second pass with the blade, at which <br />time it was verified that subsoil existed at the adjacent location <br />to a depth of about two feet. Based on this observation, Berry <br />requested that the refuse ramp be pushed back to the south to <br />ascertain whether subsoil or topsoil had been buried. This <br />activity occurred at about the same time that Johnston and Avery <br />arrived at the location. <br />Mr. Barbe continued to facilitate the use of the dozer to determine <br />whether soil materials were buried. Following the requested <br />excavation, it was determined that subsoil material, previously <br />designated to be salvaged, had been buried by the refuse ramp <br />development. The area was paced by Berry, and it was determined <br />that the buried area was approximately 27 feet by 30 feet in area, <br />and that subsoil existed in this area to a depth of about two feet. <br />Mr. Berry asked both Mr. Barbe and Mr. Avery if they agreed with <br />these measurements, and both Barbe and Avery agreed. It was <br />further agreed that the dozer operator would be instructed to <br />salvage and separate, to the extent possible, all subsoil in the <br />area. This activity began, and .the inspection proceeded to the <br />east flank of the refuse pile. <br />The area on the east flank where the dozer had been previously <br />stuck was examined. Mr. Avery explained that a dozer had indeed <br />encountered wet conditions, and that the dozer became stuck in the <br />saturated substrate. Mr. Avery indicated that it was necessary to <br />use additional equipment to free the stuck dozer. It was noted <br />that at the time of the inspection, surface water was emanating <br />from the area where the dozer had been mired. It was observed and <br />agreed by Berry and Avery that the incident had resulted in the <br />mixing of subsoil and refuse, and that the substrate was wet at the <br />time of the incident. <br />The inspection proceeded back to the refuse ramp area to assess the <br />mitigation efforts. The dozer had separated some subsoil from <br />refuse, and a pile had been created to the north of the ramp area. <br />