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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 />The barbed wire fence has been constructed around the development <br />waste pile and the topsoil pile in an attempt to keep cattle out. <br />The silt fence is in place around the topsoil pile and waste pile. <br />The silt fence around the waste pile needs maintenance in some <br />areas. Soil that has been pushed up against fence should be <br />removed to ensure continuing function of the silt fence. MCC <br />should continue to ensure that the silt fence is properly keyed in. <br />MCC has been compacting the waste material in lifts as required. <br />This activity began following the Division's last inspection. It <br />appears that there may be enough material left to complete one more <br />lift. Again, as written in NOV C-95-016 and written in the <br />Division's last inspection report, MCC should ensure that DWP-E and <br />DWP-W are in place throughout the construction of the pile. <br />Because MCC had been working the pile since the Division's last <br />inspection, DWP-W had been filled in again. The ditches must be <br />constructed as designed. Failure to do so will result in the <br />issuance of another NOV. The Division staff noted some fairly <br />mature shrubs and plants growing up through the disturbed area in <br />the area where the topsoil violation was noted. Therefore, it <br />appears that the topsoil was not salvaged in this area. <br />In addition, MCC should ensure that all other required ditches and <br />sediment control structures are in place as designed and approved; <br />particularly at the staging area. Failure to construct and <br />maintain the ditches as designed will result in the issuance of a <br />NOV. <br />CEJ/007INS.0712 <br />