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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 /> 1 . Copies of all required records were available for review. <br /> 2. Snow was again pushed over the south side of the [line No. 1 bench. <br /> The operator is cautioned not to push snow containing coal fines and soil <br /> material over the edge. If this occurs, the mudslides observed in the spring <br /> of 1982 may be repeated. <br /> 3. The rock tunnel has been driven to a depth of approximately ?700 <br /> feet. <br /> 4. The second sediment pond of four in series below the preparations <br /> plant was observed to be overflowing. The pipe between the second and third <br /> ponds .had frozen shut, creating a water backup. The water was overtopping the <br /> embankment, then flowing into Bear Creek. The operator took immediate steps <br /> to construct a ditch along the road over Bear Creek, directly into the third <br /> sediment pond. This should function as a temporary solution, but a more <br /> permanent system should be constructed this summer so the problem is not <br /> repeated. <br />