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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. Roads Reclaimed Emergency Drill Road This reclaimed light use road, which forks off the portal access road, crosses Munger Creek, and runs along the North Fork of Munger Creek for approximately %: mile, up to the McClane Canyon Mine permit boundary, was previously inspected during the April 2007 partial inspection. Conditions along the road are essentially as described in the April inspection report, with the exception that white top weed patches were recently sprayed and in most areas show effects of the herbicide application. Also, in several areas, desirable perennial plant seedlings have recently initiated growth, although annual grasses and forbs are still dominant in most areas. The road corridor was reseeded in the spring of 2006. Whitetop weed and weedy annuals are prevalent in undisturbed areas along most segments of the reclaimed light use road, and it is inevitable that they will maintain a significant presence within and along the narrow reclaimed corridor. DRMS recommendation is that further herbicide application along the reclaimed road corridor be suspended, to allow opportunity for seeded perennials to become established. Further spraying of whitetop within the next couple years would likely be counter-productive, due to unintended mortality to non-target perennial seedlings. Haul Road up to the waste disposal area was in good condition. The portal access road beyond the waste disposal area was also generally in good condition. The portal access road will be eliminated by reclamation grading to be conducted in association with the current reclamation project. Slopes will be established in accordance with design specifications amended by TR-22, existing cuts and fills will be eliminated or shaped to blend with adjacent undisturbed terrain, original drainage patterns will be restored, and riprapped channels will be constructed to tie the reconstructed drainages into the undisturbed channels upstream and downstream of disturbance. Minimal narrowing, scarification and seeding of the road surface will be conducted along the permanent haul road that will be left in place for the postmining land use, along the lower Munger Canyon valley bottom. Culverts along the permanent road will eventually be replaced with low water crossings, but culvert removal along the permanent road will not be undertaken during the current reclamation project. Hvdroloaic Balance There was flow in East Salt Creek, but not in Munger Creek At the portal area, the rock check structure was intact and functional, and silt fencing was in good condition. Diversion and collection ditches and berms in the portal area were properly maintained. The existing drainage configuration and sediment control measures will very shortly be eliminated by reclamation grading. Post- grading sediment control will be provided by berms and silt fencing as approved in TR-22. Refuse area sediment pond was dry, sediment level was at least 12" below the level of the gated primary spillway pipe inlet. Diversion and Collection Ditches and culverts in the waste disposal area appeared to be properly maintained Backfill and Grading There was no evidence of erosion on the interim reclamation fill on the mine bench area, and no evidence of renewed cracking, caving, or sloughing. Dirtwork operations had already been initiated in the portal area and were on-going during the inspection. Specifically, cover material had been scraped away from a portion of the coal material on the bench to allow for 4