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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 inspection <br />and the facts or evidence supporting the enforcement action. <br />embankment, Photo 1446 shows cracking along the outslope on the north margin of the <br />slump, and Photo 1449 is of the sediment pond pool and upstream face of the <br />embankment. <br />The embankment stability concern had been brought to my attention by Jim Stover, of J.E. <br />Stover & Associates (engineering consultant to the operators, via a phone message on the <br />afternoon of 11/18/04, Mr, Stover indicated in his message that he had checked the pond <br />earlier on that date and observed significant cracking on the downstream toe of the <br />embankment. He indicated that there apparently had been seepage through the <br />embankment, and that the operator's plan was to de-water the pond, dig into the <br />embankment to attempt to locate the source of any seepage, and rebuild the embankment. <br />During my site inspection, Rodney Head stated that the operator had initially noticed <br />cracking along the embankment on 11 /17/04, and that they contacted Jim Stover at that <br />time to have him assess the problem. Mr. Haad indicated that additional settling had <br />occurred since they initially observed the cracks, and that the primary cracks had widened <br />and the scarp along the south side had become more pronounced. Mr. Head also mentioned <br />that minor seepage had been observed along the toe of the embankment near the primary <br />spillway outlet valve during October. He said the operator had excavated along a segment <br />of the discharge pipe in October to determine if there was leakage from the pipe and <br />determined that there was none. There is reference to this excavation in Jim Stover's <br />quarterly pond inspection report dated October 28, 2004 (received by DMG Denver <br />11/19/04 and viewed by me on 11/22/04), however the report indicated no seepage, <br />cracking, or other apparent structural problems with the embankment at that time. I <br />observed no seepage during my inspection, but it is possible that if seepage was present it <br />could have been masked by flow that was being pumped out of the pond and discharged <br />via hose near the toe of the embankment adjacent to the primary discharge outlet. A copy <br />of Jim Stover's October 28, 2004 Quarterly Pond Inspection Report is attached to this <br />inspection report. <br />I issued the NOV based on the embankment instability observed and described. Rule <br />4.05.9(6) states that "All impoundment embankments, foundations and abutments shall be <br />stable during all phases of construction and operation". <br />Signs and Markers <br />The Mine I,D. sign will need to be revised or replaced to reflect Central Appalachia Mining, <br />LLC, as permittee and operator, upon final approval of the pending permit transfer. <br />Approval will be final December 17, 2004, if there are no objections filed during the public <br />comment period. <br />