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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 />refuse pile and the incised inslope of Pond RP-4. Topsoil was removed from the eroded corridor during <br />initial site development, and at some point in the past it was seeded with a stabilization mix. Design plans <br />do not specify a ditch at the base of the refuse pile at this location, and operator has argued against <br />installing a ditch due the degree of maintenance such a ditch would require. <br />Measures need to be taken to repair/stabilize the eroded areas pursuant to Permit Sec[ion IV.D.3, <br />and Rules 4.09.2(7) and 4.10.3(3). <br />At the time of the inspection, Pond RP-2/3 upper cells were close to full and iced over It appeazed that <br />cleanout of sediment from the Southeast inlet cell will be waaanted this year. The main body of the pond <br />was iced over at a level approximately 6 feet below the primary spillway riser inlet. Page IV-39 specifies <br />that, in order to maintain a 10-year runoff storage volume after a major storm event, the water level in Pond <br />RP-2/3 will be dewatered at least 1.6 feet below the primary spillway [presumably by pumping]. <br />Pond RP-4 was iced over at a level approximately 5 feet below the primary spillway riser inlet. Page IV-39 <br />specifies that the water level in RP-4 will be maintained at a level at least 2 feet below the primary spillway <br />elevation following storm inflow [presumably by pumping]. <br />Sediment Pond DP-1 <br />A[ the time of inspection, Pond DP-1 was iced over~below the level of the pipe valve outlet on the spillway <br />riser, and was not discharging. Page IV-39 of the permit application states that "the...decant hole will be <br />controlled by a valve. Since DP-1 discharges frequently, the valve will normally be kept open. The valve <br />will be closed if a need arises to provide more settling time for solids in the water". DP-1 does discharge <br />frequently through the decant outlet, and discharges I have observed always appear to be clear. There is no <br />record of any non-compliant discharges from DP-1 within the 7 yeazs that I have been regulazly inspecting <br />at Deserado <br />East Portal Area Reclamation <br />As I had previously reported, the operator appears to have done an excellent job over-all with respect to <br />reclamation of the East Portal bench azeas and access road. The reclaimed slopes blend in well to <br />undisturbed slopes, backfill areas were extensively roughened as specified, andhydroseeded and mulched. <br />Riprap channels were installed in approved locations and appear to meet or exceed design requirements. <br />Compliance with channel slope and backfill slope gradient requirements was previously verified. Required <br />silt fence and berm break filter fabric outlets have been installed with the exception of twoberm break <br />outlets at the west end of the area, which did not get installed before ground froze last fall. Containment <br />berms are in place, but the filter fabric outlets need to be installed as soon as practicable. At the outlet <br />end of Channel "W ', riprap was terminated at the native ground, but was not carried the additional distance <br />down to the Scullion channel. This location will need to be closely watched, and protective measures taken <br />if downcutting initiates which would compromise theriprap channel. <br />