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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. Road surtaces were generally well maintained, and some ditch maintenance had been completed since the previous inspection. However, regular seasonal ditch maintenance is warranted along the road in some locations. Sediment accumulation in the inside road ditch at the road curve down-gradient from the outlet of Culvert I, in the immediate vicinity of the steel gate, is a recurrent problem. This ditch segment needs to be maintained to remove the accumulated sediment. Removal of the gate post would improve ditch functioning and facilitate maintenance, and is recommended. Hvdroloaic Balance The sediment pond contained water above the elevation of the gated spillway inlet. The pond should be dewa~ered by opening the spillway gate, upon confirmation that the dewatering can be accomplished in conformance with discharge standards. There was evidence of recent sediment deposition at the pond inlet area. The pond embankment appeared to be stable, with no indication of seepage. Sediment deposition at the inlet area and vicinity of the emergency spillway will need to be removed. Maintenance of the riser structures associated with upland diversion culverts "A" and "D", is still warranted, as described in the previous inspection report. Removal of accumulated sediment from the upland diversion Culvert "D" sump and from the "in ditch" sump above the sediment pond is warranted. Sediment from the Culvert "D" sump may be appropriate for use in the Culvert "P" embankment build-up. Sediment from other locations will need to be placed in the approved sediment drying area near the sediment pond. ~, Material currently stored in the drying area will need to be transported to the coal waste disposal area, in the Munger Canyon permit area. Maintenance is warranted to the collection ditch segment behind the shop building and trailer in the portal area. The concrete lined lower segment has broken up and needs to be replaced. Topsoil, construction dirt stockpile, and SAE silt fences appeared to be properly maintained. TopS011 The topsoil stockpile is adequately stabilized by vegetation, but the vegetation cover is dominated by annual brome (cheatgrass), which could present problems with future final revegetation efforts it the cheatgrass infestation is not controlled. The operator plans to apply "Roundup" herbicide to the topsoil stockpile during April, and follow up with additional "Roundup" treatments in the fall of 2006 and spring of 2007, as necessary, followed by seeding with the stabilization seedmix in the fall of 2007.