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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. Notice of Violation CV-2003-006 is being issued for: • Failure to construct and maintain appropriate sediment control measures to: minimize erosion to provide protection for topsoil, vegetation, and the hydrologic balance; Failure to retain sediment within disturbed azeas; failure to divert runoff using protected channels so as not to cause additional erosion, and failure to implement measures that reduce overland flow velocity, reduce runoff volume, or trap sediment; and • Failure to protect topsoil from water erosion during redistribution and before and after it is seeded and planted, Backfill & Gradine, Topsoil, and Revegetation As noted in the DMG's previous inspection report (conducted June 11, 2003) final grading of the North Pit azea was completed in June 2002. According to SCC personnel topsoil redistribution and seeding was not completed in the North Pit last year due to inclement weather. In addition postmining channels have not been constructed in accordance with the approved schedule given on Exhibit 19-1A. To ensure compliance with permit conditions reclamation timeframes, please complete all topsoil redistribution and seeding operations in the North Pit no later than September 2003. During this complete inspection, it was noted that backfill and grading operations have not been completed in accordance with the backfill and grading schedule shown on Exhibit 19-1A. The azea designated for backfill and grading in 2001-2002 has not been completed. This azea is located adjacent to the 2003-2004 variance azea immediately south of the Valora Pit. SCC failed to meet compliance with the 2001-2002 schedule and reclamation timetable for this area. A portion of the area scheduled for 2001-2002 backfill and grading has been rough graded, however, the majority of this azea has not been topsoiled or seeded in accordance with permit conditions. Tab 19, page 6 of the permit document specifically states the following with respect to final grading and soil replacement timeframes. "Soil replacement will be completed within one year following final grading...If fmal grade is achieved during fall or winter months, soil will be redistributed the following summer or fall to accommodate fall seeding. When final grade is accomplished during spring or summer months, soil will be redistributed by fall to accommodate fall seeding."