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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. Sediment Ponds 8 and 9 contained shallow puddles, as did Ponds 6, 10, and 1&2. Sediment Ponds 7, 11, and 13 were muddy, but did not contain standing water, as was the cases with containment sumps at CBA-1 and the North Decline. Drainage and diversion ditches and permanent diversion segments were in most cases in good condition; however a couple locations warrant discussion. First, a steep upper segment of the east upper diversion has downcut on one location, just upstream from the location where two forks of the diversion converge. It appears that the ditch has cut down to sandstone bedrock, and that measures to further stabilize the segment are not warranted. This location will need to be checked regularly to ensure that the segment has stabilized. Second, the permanent channel segment extending along the toe of the reclaimed explosives bunker road, down to the junction with the lower end of the North Portal west upper diversion, and on down to the Haul Road 4 culvert, and eventually to Coal Creek, exhibits minor erosion in several locations, despite having been graded and lined with cobble rock prior to the most recent storm runoff event. Review of permit channel designs indicate that there is no specific design for this channel. Upper portions of the channel are within the original native ephemeral channel, while lower segments of the channel were constructed through alluvial fan material. Apparently, when the explosives bunker road was reclaimed, a channel was constructed to replace the road ditch along this lower segment, but specific designs were not developed. Flow within the channel is greater than was the case prior to mining, because the east wing of the CRDA-2 upper diversion ditch intercepts a number of ephemeral channels and diverts their flow into the explosives bunker channel upstream from the segment that has been disturbed, and reconstructed. The Division will address concerns with the subject channel segment in association with the current permit renewal review, and will request that channel designs be submitted for inclusion in the permit, and that the approved designs be implemented in a timely manner following approval. French drain installation was in progress at the South Portals site during the inspection. It appeared that installation of the drain segment that extends out from the concrete seal in the conveyor portal entry had been largely completed. The 001 discharge dewatering pipe, which is no longer active, extends out from the conveyor entry at the South Portals. This pipe will be plugged with pumped concrete grout in accordance with specifications in recently approved TR-53, as a component of the South Portals reclamation project in progress. Areas of concern along the Coal Creek permanent diversion segment have held up well during recent flow events, including the riprap embankment protection along the banks adjacent to Ponds 6 and 10, and the riprap grade transition segment near Pond 13. Backfillina and Gradin The various backfilled and graded areas were walked, and no slumping, cracking, or other signs of instability were apparent. Final reclamation backfilling and grading of the Light Use Road extending from the top of the RSRDA up to the RSRDA soil borrow area, and beyond the borrow area to the permanent road above, was recently completed. The grading appears to have been completed in accordance with approved plans. Likewise, final reclamation grading of the water tank bench located above the lower segment of the light use road, south of the portal bench had recently been completed, and appeared to be in compliance with the approved plan. It was noted that in some locations, some of the track hoe gouges on the regraded slopes were not oriented properly (perpendicular to slope). Given the short slope lengths in these locations, this is not likely to cause problems, but care needs 4