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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken d~uing the inspection <br />and the facts or evidence supporting the enforcement action. <br />South Portal facilities and RSRDA Refuse Area. The new permanent diversion ditch collects <br />both disturbed and undisturbed flow, which is routed to Sediment Pond 9. <br />North Decline Area <br />The major portion of the reclamation grading at the North Decline was completed in 1992 <br />and 1993. In 2000, Ute Water Company replaced a water pipeline within their right of way, <br />which crosses the reclaimed area, including the permanent drainage channel. Ute Water <br />regraded and seeded the corridor and re-constructed the riprapped channel segment <br />following installation of the new pipeline, in the fall of 2000. The DMG inspection report of <br />9/28/01 includes an evaluation of backfilling and grading compliance, including <br />measurements and compliance evaluation of the reconstructed stream channel. Site <br />conditions pertinent to backfilling and grading do not appear to have changed since that <br />time, and the conclusion of over-all compliance remains valid. There had been recent flow <br />down the permanent stream channel, and water was pooled in the depression near the <br />Iqwer end of the channel. The reconstructed channel segment was certified in July 2001. <br />DMG measurements of the channel documented adequate capacity with existing berms in <br />place, but the report noted that the berms would need to be eliminated or modified prior to <br />final (Phase III) bond release to allow for upland drainage from adjacent slopes to flow into <br />the channel. The report included a request that the final reclamation map and permit <br />narrative be amended to specify that the channel berms would be eliminated or properly <br />modified upon approval of sediment pond removal and prior to final bond release. The report <br />also noted that a final P.E. certification would be required following berm modification or <br />removal. This requested permit modification was apparently not pursued. The requested <br />modification will need to be submitted and approved prior to approval of Phase I bond <br />release. <br />North Decline Mine Dewatering System <br />The drilling and pipe installation for Permanent Mine Dewatering Point 016, located a short <br />distance northeast of the North Decline area was completed in 2002 and the site was final <br />graded, roughened, and seeded in November 2002. The graded slopes appear to be stable <br />with minimal erosion, and site installation and regrading appears to be in conformance with <br />the approved permit. <br />Cameo Borrow Area No. 2 <br />This borrow area was excavated to obtain soil cover for reclamation of refuse area CRDA-1. <br />The site was graded, topsoiled, and seeded in April 2002. Following completion of the <br />seeding, erosional rills developed at several locations where upland drainage was <br />concentrated. These rilled areas were initially repaired by grading and installation of <br />synthetic liner (Enkamat) that did not hold up well. Since the previous inspection, the <br />eroded areas were repaired with cobble placed over the liner, and the disturbed areas were <br />seeded. The repair areas held up well during the recent runoff events. <br />Further extensive reclamation grading work will be required within the borrow area in <br />association with removal of Sedimentation Pond 1 i, At that time, the lower segment of <br />