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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 />6. Mr. Mautz is still concerned and upset about the Lone <br />Pine refuse pile that was constructed on his property. <br />He feels that he was lied to by the company and is not <br />able to get a loan on this portion of the property due to <br />the presence of the pile. He would like MCC to get rid <br />of the pile or buy the land, plus approximately 100 acres <br />surrounding the pile from him. Mr. Every said he would <br />take this idea back to the management of MCC. <br />7. The last area of concern that we visited was the Swale <br />across the Lone Pine road constructed for the upper <br />diversion at the Lone Pine refuse pile. It appears that <br />when the Swale was constructed the material was piled on <br />the uphill side of the Swale and creates a significant <br />bump in the road. Mr. Every said they would shave some <br />of the material off to make the Swale less of an impact <br />on a vehicle. <br />I informed Mr. Every and Mr. Mautz that the Division would respond <br />to the letter written by Mrs. Mautz. <br />Signs and Markers <br />Permit boundary signs to mark the disturbed boundary of the West <br />Elk Mine have been installed at the Lone Pine substation, up the <br />Lone Pine road, and at the fan, topsoil and refuse pile. Signs <br />have also been placed at the water tank site. <br />Hvdroloaic Balance <br />The SAE at the water tank was inspected. Silt fences are properly <br />installed according to the SAE demonstration in Exhibit 66 of the <br />permit. <br />The culvert (C1-7) which empties into the shotcrete ditch (D1-5B) <br />below the explosives storage bench has been repaired. During a <br />previous inspection is was noted that due to a small slump in the <br />area, the shotcrete ditch had been pulled from the outlet of the <br />culvert. <br />DWP-E and DWP-W at the Lone Pine refuse pile have been installed as <br />designed in the SAE demonstration in Exhibit 66 of the permit. D-6 <br />and D-7 at the staging area of Lone Pine have been installed as <br />designed as well. <br />3 <br />