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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. Substantial land disturbance has occurred within the Pond 17 drainage basin during 2003. Two Wadge pit cuts have been mined out and the dragline is currently removing overburden associated with the third cut. Topsoil has been cleared in advance of the pit to the disturbance boundary along the steep hillslope northwest of the pit. The bare spoils and steep, freshly stripped hillslopes drain into Pond 17. The pond is located on a fork of Hubberson Gulch, which appears to support intermittent flow and an associated narrow band of riparian vegetation. The currently approved drainage control plan would allow for disturbed area runoff to pass through a segment of the native undisturbed drainage for approximately 500 to 600 feet up-gradient from the pond. There would appear to be high potential for accelerated erosion and/or sediment deposition along this segment of native channel and riparian habitat. It would appear that these potential impacts could be prevented by constructing a collection ditch along the lower disturbance area boundary, between the disturbed area and the riparian habitat. The operator has agreed to submit a technical revision application before the end of the year that will address construction of a ditch in this location, to be constructed prior to onset of spring runoff. Pond 17 was iced over approximately 4 inches below the top of the primary spillway riser, and was not discharging. There was evidence of recent beaver activity, and the operator had recently removed beaver placed woody debris from the riser pipe. Sheepwire fencing had been installed around the spillway trash rack to hopefully thwart future attempts by the beaver to block the spillway. The pond embankment and adjacent disturbance areas had recently been seeded. Two recently constructed topsoil stockpiles and associated sediment controls were closely inspected; Stockpile CCC along Haul Road K, and Stockpile AAA, on the ridgetop to the northwest of the southern-most leg of the Wadge Pit. Stockpile CCC has been completed and has been seeded with the stabilization seedmix. The stockpile is encircled by an SAE containment berm. The low spot along the berm had partially filled in with sediment and contained a shallow puddle. The drainagelsediment collection area needs to be cleaned out and the berm along this segment needs to be built up to ensure that future runoff from the pile will be contained. Stockpile AAA has not been completed, as it is slated to receive additional soil to be salvaged from the Sage Creek/Wolf Creek southern mine block. The drainage/sediment containment berm appeared to be adequately maintained. Backfilling and Grading Continued backfilling and grading progress has been made since the previous inspection, however substantial work remains to be done to complete all required work by the end of the year. In the "D" Pit area, the minor amount of grading that had been required in the immediate vicinity of the stock tank impoundment had been completed, and the remaining permanent channel construction and riprap installation had been completed. Grades were checked (by abney level) in a couple locations on the steep south facing highwall reduction