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III. COMMENTS -COMPLIANCE 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. This was a complete inspection of the Carbon Junction Mine for the month of March, 2000. Earlier in the week, a spring snowstorm of about 6-8 inches fell on site but at the time of the inspection, most of the snow had melted. Availability of Records: The records were again not available for inspection. The last time records were available, July 14, 1999, they were found to be in disorder. Proof of insurance is required, however, the only form that could be located at the Division office indicates that the insurance expired on 12/05/99, therefore, NOV CV-2000-002 for failure to provide to the Division a certificate certifying that the applicant has a public liability insurance policy in place, is being issued. In addition to an expired proof of insurance certificate, the following records are missing or delinquent: 1. Sediment pond inspections, 3`d & 4"'quarter 99, and 1 ~' quarter 2000. 2. NPDES Quarterly Discharge Reports, 3rd 8 4'h quarter 99, and 1 ~' quarter 2000. 3. Ground Water (wells) and Surface Water (springs) sampling results for calendar year 1999, and 1 s' quarter 2000. 4. Calendar year 1999 Annual Hydrologic Report (AHR). 5. Calendar year 1999 Annual Reclamation Report. Therefore, NOV CV-2000-003 for failure to maintain copies of all records, reports, and information for public availability at a convenient place in the area of mining is being issued. Hydrologic Balance: All ditches and ponds were inspected and found to be in compliance, both ponds were damp but had no standing water in them. The ponds are well vegetated and capable of functioning as designed. All culverts were clear and capable of functioning as designed. Excess Saoil and Develoament Waste : Topsoiling of the waste pile was terminated last July and no further reclamation work has been accomplished, including required seeding of the spoils reclamation. General Mine Comaliance: The site has apparently stopped its reclamation efforts and no clear plan to either mine coal or reclaiming the disturbed area exists. There were no onsite problems noted during the inspection with the exception of the records, and no Resident Agent as required by law and requested by the Division in a letter to you dated on September 9, 1999. Therefore, NOV CV-2000-004 for failure to provide the name, address, telephone number, and SSAN of the applicants' resident agent is being issued.