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January 28, 2002 <br />Page 2 of 3 Pages <br />direction of n yualified professional engineer at least yunrterly throughout the construction mrd <br />during the following critical construction periods: (/)renrovnl of all organic material and topsoil, <br />(2)placement of underdruinuge systems, (3) installation of surface drainage systems, (4) placement <br />and compaction of fill nuiterinls, and (5) revegelation. <br />The report indicates that the fill was inspected (does not say by who) during the third quarter of 1999 <br />(September 17, 1999). The phase of activity (not stated in the report) is placement and compaction <br />of fill materials [(4) above].Water levels in wells was measured and reported. I found no statement <br />in the inspection report regarding stability of the fill. However, at the time of the inspection there <br />was no placement and compaction of fill materials. There was stockpiling of material in the north <br />end of Area 1. A statement in the report is that "This report fulfills the quarterly inspection <br />requirements as specified by Rules 4.09.1(1 l)(a) and 4.10.2(2)(a)." <br />Rule 4.09.1(11)(b) The yualified registered engineer s/call provide to the Division n certified report <br />widrirr 2 weeks after each inspection that the fill has been consn~ercted as specified in the design <br />approved by the Division. The report shall inchrde a description of any appearances of instability, <br />structural weakness, and other ha<urdoas conditions observed during the inspection. A copy of dre <br />repor! shall be retained at the mine site. <br />The inspection was conducted on September 17, 1999 and submitted to Twen[ymile Coal Company <br />on October l8, 1999. It was received at the Division on October 27, 1999. Thus [he requirement to <br />provide to the Division the report with 2 weeks after the inspection was not met. (Janet found the <br />same delinquency in her review of the 4"' quarter report.) I found no statement in the report that the <br />fill had been constructed as specified in the design. However, as indicated above, there had been no <br />placement and compaction of fill material since [he previous report. I found no description of (or <br />lack of) any appearances of instability, structural weakness, and other hazardous conditions observed <br />during the inspection. By omission, it may be assumed there were none. Declaration of none is, to <br />me, a preferred method of reporting the findings of the inspection. <br />Rule 4.09.1(1 1)(c) See the Rules for the text of this rule. The report is, by exception, in compliance <br />with this ntle. The certified report does not address the underdrain system and protective filters. <br />Rule 4.10.2(2)(a) /nspection shall occw~ nt lens[ gnarterh, beginning within 7 dcrys after the <br />preparation of the disposal area begins. The Division nruy require more freyueru inspection Gnsed <br />upon arc evaluation of the potential danger to the health or safety of dre public and d:e potential <br />harm to land, air and water resources. Inspections may tenninnte when dre cool mime waste bunk <br />lras been graded, covered in accordance with 4./0.4(4), ropsoil has been distributed rnr the bank in <br />accordance with 4.06.4, curd revegetnted, or at sac/r n later time as the Division may require. <br />