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M. COMMENTS-COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made during the <br /> inspection. Comments also describe any enforcement actions taken during the inspection and the facts or <br /> evidence supporting the enforcement action. <br /> use area(such as Access Road 1 backfill slopes, Access Road lA fill slopes, and highwall <br /> backfill areas) were revegetated to provide a stabilizing vegetative cover, but the alternative land <br /> use vegetated areas will not be required to meet the specific success criteria applicable to <br /> reclaimed Wildlife Habitat postmining land use areas. <br /> Within PR-3, SCC identified a material deficit for construction of Access Road I and <br /> elimination of the highwall at the South Portal area. Material to compensate for the projected <br /> deficit was obtained from a low hill located within the Unit Train Loadout(UTL) disturbed area. <br /> Borrow of the material from the UTL site removed the crown of the hill, lowering the hill by <br /> approximately 10 feet. This minor reduction in the elevation of the hill is depicted on revised <br /> Exhibit 11 C (Unit Train Loadout Facility Post Mining Topography). The modification did not <br /> significantly change the nature of the postmining landscape, and the amended topography still <br /> achieves AOC in the UTL area. <br /> Disturbed areas other than the locations described above for which the Steep Slope Variance <br /> applies were backfilled and graded to the Approximate Original Contour. <br /> A detailed slope stability analysis for the access road fill and the portal fill at the South Portal is <br /> provided in Appendix 14-8 of the PAP. A cross-section L-L' of the lower parking area, Access <br /> Road IA, and the reclaimed slope above the new access road is shown on Exhibit 26. As shown <br /> in the cross-section the slope above the new access road was reclaimed to an approximate 2:1 <br /> slope. This was verified with field measurements using an inclinometer. An inclinometer was <br /> used to field check gradients at various locations. A representative slope of 40%was measured <br /> at the north end of the parking area on the reclaimed slope north of the access road, a slope of <br /> 50%was measured on the slope below the access road between the upper bench and Pond 8, and <br /> a slope of 46%was measured on the new portal fill. <br /> Approximately 6 months ago a drainage pipe that extends out of the sealed South Portal had <br /> begun to leak at some point following the sealing of the pipe with 6 cubic yards of grout. The <br /> pipe was inspected by DRMS with Tonya Hammond of SCC in April 2008. The drainage from <br /> the pipe flowed down a ditch to Pond 8. The estimated flow from the pipe was less than 1 gpm. <br /> Subsequently, SCC submitted Technical Revision No. 56 (TR-56) to provide a plan to <br /> completely seal the pipe. The proposed plan was to cap off the end of the pipe and encase it in <br /> approximately one cubic yard of concrete. TR-56 was approved in May 2008 and the pipe has <br /> been sealed in accordance with the approved plan. SCC capped off the end of the pipe and <br /> encased it in approximately two cubic yards of concrete. The site was then backfilled. The <br /> repair was successful and the pipe is no longer leaking and the location is dry and stable. The <br /> South Portal drainage pipe repair location is shown in the attached Photograph No. 9 at the end <br /> of this report. <br />