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III. COMMENTS -COMPLIANCE Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. If the approved design capacity has not been compromised, the operator will need to evaluate the need to undertake remedial measures to prevent further sliding that might impact the pond, or the adjacent road. If slide repairs are deemed not to be necessary, a final "as built" certification for Pond 16A will need to be submitted to the Division by July 1, 2004. The certification will need to include appropriate justification to support the determination that slide remediation is not necessary. To soil 0 Since the previous inspection, additional direct hauling of topsoil had been conducted. Topsoil was being stripped in advance of Wolf Creek/Sage Creek Pit operations and hauled to various upper "A" Pit locations. Additional brush/tree clearing had been conducted in advance of topsoil stripping operations in the Wolf Creek/Sage Creek North Block. 0 Topsoil from Stockpile "P2" had been largely used up and re-spread on adjacent regraded areas of the "B" Pit since the previous inspection. Soil lay-down was in progress in this area at the time of the inspection. 0 A scraper road had been opened for access to Stockpile "GG", and removal of topsoil from the stockpile had been initiated. Revegetation/Reclamation Success 0 The temporary upland diversion above the aspen test plot area had been installed. The ditch appeared to be slightly crowned, with a portion of the intercepted drainage directed to the north. During the TR-45 adequacy review, the Division had requested that the ditch be constructed to direct all slope drainage toward the 006 Permanent Channel, to the south of the test plot, and the operator's amended Exhibit 13-2 (March 2004 version) appears to depict compliance with this request. Operator will need to check and modify the ditch as necessary to ensure that the entire ditch drains toward the south. Work associated with installation of fencing around the aspen test plots had recently been initiated, and soil grading within the aspen plot area had been largely completed. 0 Whitetop weed had been sprayed along the TAHR road and stockpiles the previous week, and noxious weed spraying within the main portion of the permit area was getting under way at the time of the inspection.