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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 /> It was observed that some construction activities had been conducted outside <br /> of the approved disturbed area boundary at the Sutey Coal refuse disposal <br /> area. Specifically, it appeared that topsoil had been stored in this location <br /> plus mud from the road near the crossing of Disney Creek was pushed into this <br /> area. In addition, a track mounted backhoe was observed in this area. The <br /> presence of topsoil stockpiled in this area was evidenced by the presence of <br /> numerous roots in the material and the presence of grasses and forbs. <br /> The area where this violation occurred was immediately south and east of the <br /> junction of the two access roads from the preparation plant. This area is <br /> directly below Disney Creek. <br /> Notice of Violation C-84-166 was issued for failure to follow the approved <br /> mine plan. The NOV required the operator to stockpile the material <br /> approximately 50 feet east of the reconstructed Disney Creek channel , and seed <br /> and mulch the entire disturbed area. <br />