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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. Some maintenance work is warranted along the southern-most segment of the "K" Road. The final culvert outlet and road ditch outlet along the segment discharge onto relatively steep fill, and riprap installation appears to be necessary. In addition the slope immediately down gradient from the toe of the road fill along this lower segment had been stripped of topsoil, but had not been graded or seeded and some rill erosion had initiated. A small amount of topsoil remained adjacent to this area within a designated temporary stockpile. It is recommended that the slope area be properly graded, the remaining topsoil from the temporary stockpile be respread over the slope, and the entire area be seeded with the stabilization seedmix. The abandoned upper segment of Haul Road "A" below the dragline parts facility site is to be fully reclaimed by 2005. Operator indicated that they intended to perform this reclamation in conjunction with the current "A" Pit reclamation project. Hydrologic Balance In the "D" Pit area, Pond 005 contained a pool of water 3 feet below the top of the primary spillway riser, no discharge. The stock tank on the north side of "G" Road, just upstream of the 005 drainage road culvert inlet has not yet been cleaned out, and this sediment removal should be completed prior to spring runoff. Further up the "G" Road, at the lower end of the regraded "D" Pit spoils, the drainage dip/water bar had apparently been covered over by reclamation equipment. This feature needs to be restored to direct drainage from the relatively small contributing affected area into the valley drainage channel, rather than down the road. Also in the "D" Pit area, the embankment and spillway'of the new stock tank just below the junction of the reclaimed 005 and 005E-t drainage channels had recently been completed. Water in the pond was just below the elevation of the riprapped spillway. The permanent drainage channels had been extended across the backfill areas, and had recently been riprapped along their steep lower segments. Detailed measurements and compliance evaluation was not made during this inspection, but the channel segments will be checked following submittal of the construction certifications. Operator has concluded that temporary diversion of reclaimed area disturbed area runoff via riprapped ditches is not warranted to protect the segment of native ephemeral stream channel between the reclaimed "D" Pit area and Pond 005. The Division had previously recommended that such measures be given consideration (see Inspection Report dated 9/30/03). This request was due in part to apparent similarities between the situation in the Pond 005 watershed, and a drainage at the Yoast Mine where accelerated erosion of a native channel apparently did occur following initial pit reclamation in the upper portion of the watershed. The operator feels that the reclamation work completed this year, including topsoiling, drainage channel construction, and stock pond construction/cleanout should be sufficient to moderate runoff flows and prevent accelerated erosion of the native channel