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needed, the riser section will be removed, leaving only the 30" culvert under the road. The culvert is adequate to pass the flow from a 100 year/24 hour peak flow with only minor detention time. The embankment shows no signs of bulging, cracking, displacement, or seepage, and only minor erosion at inlet locations. The primary and emergency spillway structures are in good condition, with the exception of a small hole approximately 1/4" in diameter, through the principal spillway gate valve. Given the small size of the hole, it would appear that the pond would provide sufficient settling time for the design storm event. The pond seldom contains water, and in fact monthly inspection reports conducted over the past 3 year period indicate that there was no standing water in the pond at the time that any of the inspections were conducted. At the time of this inspection, the pond was dry. The major portion of the pond bottom is heavily vegetated by upland vegetation species, including rubber rabbitbrush, snakeweed, various wheatgrasses and cheatgrass, indicative of a somewhat more mesic site than adjacent areas, but one that is not subject to frequent inundation. Although steep slopes associated with the #1 Mine excess spoil fill and the #2 Mine portal area backfill do not yet support a well developed perennial vegetation cover, there is minimal evidence of erosion, and no evidence of recent sediment deposition in the sediment pond. The overall condition of the impoundment structure is good. (iii) The extent to which existing impoundments or earthen structures were constructed and certified in accordance with prudent engineering designs approved in the permit. The sediment pond was constructed in 1979, and a certified "as built" plan view was provided by American Shield Coal Company within an April, 1992 Reclamation Permit Application. The plan view, designated "Exhibit 6", is dated November, 9, 1989, and is certified by P.E., Greg Lewicki. A cross section through the embankment showing the spillway structures and elevations, designated "Exhibit 5", amended January 15, 1992, is also contained within the application. Exhibit 5 was also prepared by Greg Lewicki, but was not certified. The exhibits are on file within the referenced application at the Division office in Grand Junction, and at the Mesa County Courthouse, also in Grand Junction. (iv) The degree to which erosion and sediment control is present and functioning. a) All disturbed areas drain to the sediment pond, with the exception of approximately 1/2 acre in the southeast corner of the disturbed area, where a small sediment pond and two small topsoil