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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 complete quarterly inspection of the Roadside North & South Portals Mine, conducted December 11 (Field inspection) and December 12 (Office Recordsl. Tonyet Hammond, Owner Representative for SCC was present during the inspection. Weather was cloudy and cold, and there was light snow cover on north facing slopes and shaded areas from snow earlier in the week. Availability of Records Required records were on file and up-to-date (see attached forms). The recently issued CDPS discharge permit (Effective January 2004) contains provisions that would require the operator to submit a salinity study and an amended materials containment plan within specified timeframes. However, the operator has previously completed a salinity study that was accepted by WOCD, and additionally the operator has removed all materials from the site that would be subject to the materials containment plan. Ms. Hammond provided an email of 12/12/03 from Christopher Gates of WOCD indicating that the permit would be amended to waive the Materials Containment Plan requirement and to delete the requirement for submittal of the additional salinity study. Roads Haul roads and access roads in the primary facility areas were properly maintained and in good condition, including drainage ditches and culverts. Outlying light use roads were muddy and snow-covered in some areas, and were traveled early in the day while surface was frozen. Roads were generally in good condition, though maintenance may be warranted in some areas in spring. Hvdroloaic Balance Pond 9 contained a shallow pool of water. Other sediment ponds and SAE sumps were dry or nearly so. Although still functional, SAE silt fencing in various locations had been damaged by wind or animals. Silt fence will need to be maintained or replaced at the "B" Substation site, the South Fan, 2-West Portals, and the 016 minewater discharge drill site. At several of the silt fence controlled SAE sites, initial vegetation establishment has been quite successful, and the operator may consider the option of making required SAE demonstrations based on documented vegetation cover during the next few growing seasons, to allow for elimination of silt fencing. Diversion and collection ditches, berms, culverts and flex pipes appeared to be properly maintained and functional. Permanent diversion and reconstructed channels including the Coal Creek segment between the upper dip section and the former Haul Road crossing location, the North Decline channel, and various smaller ephemeral channels associated with