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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 /> approved the diversion of an intermittent stream (Elk Creek). The stream channel will be <br /> reconstructed in accordance with 4.05.4(4). The Division has also approved surface and <br /> underground mining operations within and through Elk Creek, an intermittent stream at this <br /> location (see RN-5 Findings document dated February 9, 2009). The site of the proposed <br /> borehole drill pad and methane drainage exhausters/building location is shown in the attached <br /> Photograph No. 1. <br /> All site Sedimentation Ponds were inspected. Ponds A, B, D, east yard pond and the Substation <br /> No. 3 Pond were retaining water. The sedimentation ponds are all maintained and capable of <br /> functioning as intended. Pond embankments, inlets and discharge structures were stable and no <br /> problems were noted at any of the sediment pond locations. At Substation No.3, some routine <br /> maintenance will be needed to clear stockpiled material and debris from the perimeter ditches <br /> that flow to the Substation No. 3 Pond (see attached Photo No. 2). <br /> Support Facilities <br /> The II-West refuse pile was inspected. The operator was actively hauling and dumping refuse at <br /> the waste pile during this inspection (see attached Photograph No. 3). Adequate cover material <br /> is placed on the out slopes of the pile and roughened. The coal waste pile was stable with no <br /> signs of erosion. <br /> The Bear Creek fan site was operational and very well maintained. Some patchy snow remains <br /> at the Bear Creek fan site. The Hubbard Creek fan and substation site were inspected. The <br /> Hubbard Creek fan is shown in Photograph No. 4. <br /> The reclaimed Sanborn Creek portals, the Sanborn Creek fan site, and Substation No. 3 were also <br /> inspected. These lower elevation areas are free of snow cover. These facility locations appear to <br /> be sparsely vegetated but remain stable. No problems were noted during this complete <br /> inspection. <br />