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r <br /> <br />III. Comments - Comoliance <br /> <br />Below are particular issues with regard to any of the compliance items. <br />Enforcement actions resulting from failure to comply with the Act, Rules and <br />Regulations, and the permit also are identified below. <br />Flows in Hubbard Creek exceeded the design capacity for the culvert <br />placed in the access road. As a result of this, water flowed across the <br />county road and washed approximately 8 tons of coal downstream. This <br />happened May 14, 1984, p.m. This coal was deposited approximately <br />100-150' downstream. <br />As a remedial measure the operator placed a straw bale berm around the <br />area where coal was deposited. This was done to prevent the coal from <br />being washed any further downstream. The operator was in the process of <br />picking up the coal by hand during the inspection. Approximately 1/2 of <br />the coal had already been removed. In addition the berm around the coal <br />stockpile was built-up. <br />In addition, the outslope of the sediment pond {No. 4) adjacent to the <br />guard shack was washed out. The operator was completing repairs on this <br />structure at the time of the inspection. The operator was taking proper <br />remedial problems to correct problems from the extraordinary runoff <br />event. Because the event exceeded the 20-year design criteria no <br />enforcement action is warranted. <br />2. The front portion of the portal bench is continuing to move. The <br />operator stated that new tension cracks appear daily. A consultant will <br />be at the site next week to recommend remedial action to stabilize the <br />site. Coal has been removed from the affected area. <br />3. The operator needs to regrade and reseed both topsoil stockpiles. It <br />will probably be most beneficial to reseed these stockpiles this coming <br />fall. <br />