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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 />Address measures and provide appropriate design plans for revision of the pond spillway system <br />and possibly the adjacent 36" road culvert, to minimize the potential for future flood flows in this <br />location to impact the permitted drainage and sediment control structures. <br />Provide a commitment to inspection and re-certification of the of the sediment pond by a <br />qualified, registered professional engineer, upon completion of pond clean-out, repairs associated <br />with cracks along the banks and inslopes, and repair/modification of the spillway structures. <br />Provide a schedule for completion of the various steps of the channel clean-out/ sediment pond <br />repair project. <br />Porta/ Bench Area and Upper Access Road Segment <br />Drainage and sediment control structures in the portal bench area functioned properly. Water was <br />ponded in the SAE-1 rock check collection area. The rock check and silt fencing was intact and <br />functional. Some sediment cleanout will be necessary from in front of the rock check when the material <br />dries out. <br />The Ditch "H" upland diversion had functioned properly, but some maintenance is warranted. <br />Considerable sediment was deposited along the middle and lower segments of the ditch and clean-out is <br />necessary to restore design dimension. Also, just above the upper end of the diversion, a large boulder <br />had been deposited in the ephemeral stream channel, causing a portion of the flow to be diverted into the <br />berm that forms the diversion. The boulder should be moved so as to re-direct the flow away from the <br />berm. <br />Ditches and culverts along the upper road appeared to have functioned properly. Maintenance had <br />already been initiated to excavate the culvert inlet sumps. All of the culverts were clear and functional, <br />and the culvert outlet fabric sleeves and fiberglass extension structures were intact. <br />Coal Waste Disposa/Area <br />With the exception of the sediment pond and adjacent 36" road culvert previously described, drainage <br />structures in the coal waste area, including diversion and collection ditches, appear to have functioned <br />well. Minor maintenance is warranted in one location along the topsoil stockpile containment ditch/berm, <br />that was largely filled in with sediment. <br />Lower Road <br />Maintenance will be required in various locations along the lower road below the waste disposal area, to <br />remove flood debris, clean out ditches, and repair erosion in the vicinity of the 72" culvert crossing. <br />5 <br />