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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 />-• At the North Decline, the road dip at the upper gate location was partially filled in and needs to be - <br />cleaned out to ensure that any flow from the diversion ditch would be directed across the road into the <br />adjacent riprapped permanent channel. <br />• At the northwest end of Pond 1Q minorberm build-up or grading appears to be necessary to ensure <br />that runoff from the small reclaimed azea to the west of the pond (former Stockpile 9) would be <br />directed into the pond at the riprapped corner inlet. <br />Minewater discharge site 016 (the new South Mine permanent discharge location) was discharging clear <br />water at approximately 180gpm. Water was observed by operating the valves at the sampling andguage <br />site near the [-70 culvert inlet, and also by hiking to the culvert outlet location where discharge water enters <br />the Colorado, on the opposite side of I-70. There was no discharge from Sites 001 or 002. <br />At the North Portal area, Sediment Ponds 4 and 5 and Minewater Treatment Pond 12 have been eliminated <br />as a part of the backfilling and grading operation. New Sediment Pond 13 had been constructed at the <br />southwest corner of the disturbed area, and appeared to be complete with the exception of the gate valve to <br />be installed on the 6" PVC dewatering pipe. A berm was in place along the western site perimeter adjacent <br />to the Coal Creek channel, to divert runoff from that portion of the reclaimed area into the pond. Two <br />additional pazallel berms, with a segment of silt fence at abetm break along the lowerberm, are to be <br />installed along the east perimeter of the disturbed area, upon completion of reclamation grading. <br />In the South Mine area vicinity, the old South Diversion had been partially eliminated by soil excavation <br />within the RSRDA soil borrow area. The remaining sections of the diversion are to be reclaimed, as the <br />function of the diversion will be served by the new RSRDA upper diversion, currently under construction. <br />The critical section of the new ditch in the immediate vicinity of the RSRDA had been roughly installed, <br />but final shaping and riprap installation had not been completed. Construction was continuing on the ditch <br />during the inspection, and is to be completed shortly. <br />Backfilling and Gradine <br />Backfilling and grading operations were continuing at the North Portal Area. Final grade apparently had <br />been achieved on roughly the western third of the disturbed area (although measurements were not taken), <br />and topsoil from Stockpile 3 had been spread over the fmal graded area. Excavation by track-hoe was <br />continuing in the vicinity of former Stockpile 3 and along the lower east perimeter in the vicinity of former <br />Pond 4. Material being excavated from these locations was being trucked to the depression that remains in <br />the former portal decline location. Truck dump piles were being graded by dozer in the decline area. <br />Grading and topsoil spreading had been completed at the RSRDA soil borrow area. A couple piles of large <br />rock remain, and these piles need to be knocked down and the individual rocks spread out across the site <br />prior to seeding. <br />Coal Processing Waste <br />CRDA-1--Final reclamation with the exception of the temporary road segment above the fork of theXcel <br />ash pit road was finished during April, 2002. There has been no germination within the areas seeded with <br />the permanent mix in April, 2002. The following maintenance items were noted: <br />