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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 during the inspection <br />and the facts or evidence supporting the enforcement action. <br />Erosion was noted in the drainage during this DMG inspection and maintenance to the lower <br />Armand Draw drainage will be necessary. Since the date that the violation was terminated <br />(September 28, 2004), some portions of the channel have eroded and 3 of the 6 rock check dams <br />have sustained some level of damage apparently as the result of a recent storm. Additional down <br />cutting was observed between the two lower rock check dams. This is the azea where the original <br />gully was deepest and most eroded. SCC utilized trees and branches to backfill and repair the <br />gully. During this inspection several feet of erosion was evident and a portion of the tree trunks <br />and branches were noted to have washed out of the gully and were deposited downstream. The <br />lower two check dams trapped an abundance of silt and sediment. The erosion caused by the <br />recent storm, the siltation above the check dams, and any damage caused to the check dams must <br />be repaired as soon as weather permits. The Division is concerned about the potential impacts <br />from spring runoff and will be monitoring this location. <br />Backfill & Gradine <br />During this inspection, it was noted that what appears to be a settlement crack is beginning to <br />appear on the south-facing slope of the "2001-2002 polygon". This was the location of Cessation <br />Order CO-2003-012 and is referred to by SCC as the North Valora Pit highwall. SCC has <br />committed (see Tab 20 pg. 2 of approved PAP) to address the settlement and highwall exposure <br />concern by monitoring this azea for settlement, surface cracks, and any highwall exposures. SCC <br />anticipates that any surface cracks or highwall exposures that may occur will be localized and of <br />limited extent and can be repaired by minor regrading and reseeding. To ensure compliance, <br />SCC should investigate this area as soon as weather permits and make repairs (regarding and <br />reseeding) as needed. With the exception of the settlement crack, the reclamation at the 2001- <br />2002 polygon looks good. Green grass is emerging on the south-facing slope and several deer <br />were grazing on the slope. There is no evidence at this time of the toe of the slope pushing out, <br />which would be typical of a slide as opposed to settlement. <br />The Yoast South area and the Neck Pit were inspected. Areas designated for rough backfilling <br />and grading for 2004 as shown on Exhibit 19-1 A are approximately 90% completed. The Neck <br />Pit appears to be approximately 80-90% completed with rough backfilling and grading. SCC <br />should continue to topsoil and seed these azeas as weather permits. The Division does not <br />recommend topsoil redistribution without seeding. If necessary complete the topsoiling and <br />seeding in the spring for all azeas designated for backfill and grading in 2004 as opposed to <br />redistributing topsoil without seeding. <br />