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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. General Comments This was a partial inspection of the mine site, conducted by Dan Mathews of the DMG Grand Junction Field Office. The inspection was conducted August 25, 2006. Tonya Hammond, SCC owner representative, and Jim Stover, engineering consultant to SCC, were both on site and both were contacted during the inspection to discuss aspects of the on-going drainage maintenance work. Considerable progress has been made with regard to maintenance necessitated by the July 20'" storm event that impacted various mine area locations, and the August 1s~ flooding of Coal Creek. However, some maintenance work remains to be completed, and may not be completed by August 31. I requested that Ms. Hammond submit a letter addressing remaining repair and maintenance that will not be completed by August 31, along with a schedule for completion. The primary focus of the inspection was to verify compliance with interim abatement steps 1, 2, and 3, of NOV CV-2006-002, and to check completion of "high priority" maintenance items including various sediment control system breaches, and a plugged diversion culvert. Weather was partly cloudy and mild. Ground conditions were dry. NOV CV-2006-002 Abatement Compliance Abatement Item 1 required operator to "[R]estore RSRDA Upper Diversion Segment "8" to design specification by August 18. 2006". My inspection verified that the Diversion Segment "B" had been repaired/reconstructed in apparent conformance with approved design. The entire ditch segment had been reconstructed and riprapped with large angular riprap. Riprap installation included use of grout to improve the stability of the riprap on the extremely steep ditch segment. Abatement Item 2 required operator to "[C]lear sediment and debris from inlet of DOT culvert near Pond 9 outlet by August 18. 2006". My inspection verified that the debris blocking the culvert inlet had been removed, and sediment deposited at the inlet had been properly excavated. Abatement Item 3 required operator to "[R]estore CRDA-1 Terrace Drain No. 4 to design specification by Auoust 23. 2006". DRMS Extension Notice of 8/17/06 authorized extension of the original 8/18 deadline to 8/23. My inspection verified that the terrace drain segment of concern had been reconstructed in apparent conformance with the approved design. The segment of Terrace Drain No. 4 had been re-worked from a point up-gradient of the corner at the SE projection of the waste pile, all the way down to the perimeter of the waste area. The project had involved removing cover and waste material from the slope above the drain, to ensure proper width and grade. The excavated waste material had been properly placed along the remaining segment of the pile left open for waste placement. The material will be compacted, tested, and the dip!berms extending from the terrace drains to the permanent perimeter ditch will be reconstructed. Soil on the adjacent slope that was disturbed by the project had been properly regraded and roughened in preparation for seeding. One finale abatement item remains in place. Abatement Item 4 requires the operator to "[Sjubmit P.E. certification documenting proper repair of RSRDA Upper Diversion and CRDA-1 Terrace Drain #4 by October 1. 2006. High Priority Maintenance Items My inspection verified that the various sediment control breaches and the plugged culvert that I had identified as high priority items had been properly completed. These items included repair of the breach in the North Portaf area berm that separates Pond 13 drainage from SAE drainage, replacement of the North Portal SAE silt fence, repair of the 016 Discharge drill site SAE silt fence, and cleanout of the plugged culvert and ditch downdrain at the lower end of the North Portal West Upper Diversion.