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<br />III. Conments - ComDltance <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 <br />and Regulations, and the permit also are identified below. <br />1. Road maintenance at the mine was very evident. Fallen rock and dirt <br />was cleared from the road and drainage established. <br />2. All drainage and sediment control structures were functioning <br />properly. <br />3. It was noted that the coal pile across from the scale area still <br />covered the topsoil pile and diversion ditch. It appeared that some <br />attempt was made to remove coal from the south end of the pile. A <br />violation was issued 1n January, 1984 for this problem. The abatement <br />deadline was March 1, 1984. The operator did not abate the violation nor <br />did he contact the Division concerning this issue. Therefore, the <br />Division issued a Cessation Order No. 84-001 which prohibits use of the <br />coal pile and imposes an additional civil penalty. The Cessation Order <br />required abatement of the violation by Apr11 1, 1984. However, penalties <br />are still imposed for each day of continuing violation. A civil penalty <br />will be Imposed and sent to the operator after the violation has been <br />abated. <br />4. The inspection revealed that the portal bench had slid, The operator <br />Indicated that this occurred 9 or 10 days earlier. The slide opened <br />several cracks in the bench and caused a depression, which rendered the <br />drainage system inoperable. Snow melt was soaking into the bench instead <br />of running off. This situation Increases the likelyhood of further fill <br />saturation and failure. The operator was informed that a Notice of <br />Violation would be issued for this problem. As abatement, drainage off <br />the bench needs to be reestablished. If the slide is too unstable, the <br />slide could be covered with heavy plastic to mini mlze infiltration as a <br />temporary measure until conditions Improve. <br />