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III. COMMENTS -COMPLIANCE S,u~-, h~elD c -ul-d~Y Ps a/a 2 ~( o~- od ~~ 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. Hvdrologic Balance (cont.): - Both Ponds at the loadout were dry. They were well vegetated and appeared to be stable. -The yard area SAE (sediment fence) was in place and appeared to be functioning properly. - All of the SAE's at the loadout (straw bales and sediment fence) were in place and appeared to be functioning properly. - The explosives storage area SAE (straw bales) was in place and appeared to be functioning properly. - The 100-year ditch around the refuse pile has been cut and appears to be in good condition. This ditch should be reseeded with the rest of the site and should stabilize as the vegetation grows, Backfill and Grading: Both the refuse pile and the facilities area have been backfilled and graded as have the South Fan Area, the topsoil, subsoil and borrow areas by the refuse pile, the roadside topsoil stockpile and the Newlin Creek topsoil stockpile area. Ponds 1 and 2 were backfilled and graded with the facilities area. Pond 3 appears to have been rough graded (the pond has been filled in) but final grading and topsoil replacement have not yet taken place. George Patterson indicated that the grading of the pond would be completed in the next couple of weeks. The Operator is currently in the process of applying for a Phase I Bond Release for the mine site. The Division has received an application and has called it complete. TOp5011: Topsoil has been replaced on the refuse pile and the regraded facilities area. All of the topsoil from the Newlin Creek stockpile has been used. A small amount of topsoil remains in the stockpile by the refuse pile (for pond 4 reclamation), in the roadside stockpile (for pond 5 reclamation) and there is a small topsoil stockpile by the rough graded pond 3 (to be used for its reclamation). The topsoil depth has not been checked (it will be checked at the time of the Phase I Bond Release inspection), Reveaetation/Reclamation Success: The Operator planted a cover crop in late may or early June. This cover crop has begun to come up on the regraded facilities area, the refuse pile, the explosives area SAE and the Newlin Creek Topsoil stockpile area. - George Patterson indicated that EFCI was in the process of having the permanent seed mix planted in November. Miscellaneous: Contaminated soil was being removed from the area around the old fuel tank that was removed last month, According to George Patterson, this soil was being hauled to a certified landfill. The area will then be backfilled and topsoiled.