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<br />III. Comments - Compliance <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 />Hydrologic Balance (4.05 <br />1. Gravel surfacing and installation of rock check dams or silt fences at <br />the rail car load-out should be completed by May 21, 1984. Check dams or silt <br />fences should be placed at both ends of the drainage area near the load-out <br />hopper immediately upgradient from the culverts which pass under the railroad <br />tracks. Due to the small acreage of the area in question, and the nearly <br />level surface, it does not appear that runoff has escaped the immediate <br />vicinity. Measures described above will be sufficient to insure that coal <br />fines will not enter the undisturbed drainage system. <br />2. Drainage ditches and culverts were in good condition. <br />Topsoil (4.06) <br />1. Supplies are still being stored in the small storage yard near the <br />northeast corner of the permit area. The Division does not consider the <br />storage to constitute "disturbance", and as a result, topsoil salvage was not <br />required. The potential for deleterious impacts to soil fertility is lessened <br />by leaving the soil in place, as opposed to long-term stockpiling. <br />OSM issued a 10 day Notice which stated that failure to salvage the topsoil <br />constitutes a violation. The Division's response was that the supply storage <br />did not constitute disturbance. OSM has determined that the Division's <br />response was "inappropriate". OSM will reinspect the site to see if the <br />"violation" still exists. <br />