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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 />General Comments <br />This was a complete quarterly inspection of the mine site and office records, conducted by Dan Mathews of the <br />DMG Grand Junction Field Office. Field inspection was conducted at various times over the course of several <br />days, including September 20, September 22, and September 29; office records were checked on the morning <br />of September 22. Tonya Hammond, SCC owner representative, was present during the inspection on the <br />morning of September 20, and during the records check at J.E. Stover & Associates office on the 22nd. There <br />was no operator contact present during the remainder of the inspection. <br />Most necessary maintenance work associated with intense rainfall events of late July and early August had been <br />completed, but work was continuing on repair/reconstruction of the CRDA-2 upper diversion ditch segments that <br />had silted in. NOV CV-2006-002 has been fully abated and terminated. The deadline for maintenance and <br />repair of ditches and erosion that were not subject of the NOV had been established as September 30, 2006. <br />Weather was cloudy and cool on 9/20, cool with rain showers on 9/22 (1/2" rain earlier in the morning, very <br />muddy conditions), clear and mild on 9/29 (most areas had dried out by 9/29, due to warm dry conditions over <br />the preceding week). <br />Availability of Records <br />Required records were on file and up-to-date through the 2nd Qtr., 2006. Annual impoundment certifications <br />and the annual rill and gully inspection were completed during the 151 Qtr., 2006. <br />Roads <br />The condition of permitted roads and associated structures was in general satisfactory. Significant maintenance <br />work had been performed in various locations subsequent to the intense rainstorm events of late July and early <br />August. 2W est Portals access road had been properly water barred. The gully on the outslope of the light use <br />road between the RSRDA refuse area and soil borrow area had been regraded and a flex pipe down-drain had <br />been properly installed in the gully location. The 24" H.R. 4 culvert and adjacent ditch outlet to Coal Creek had <br />been properly maintained. Ditch outlet segment adjacent to CBA-1 sediment sump had been properly <br />maintained. H.R. 5 ditches were properly maintained. <br />One remaining road maintenance Item noted is with the 60" culvert that conveys Coal Gulch flow under Haul <br />Road 4. The inlet end of the culvert contains an accumulation of sediment approximately 24" deep. This <br />accumulation tends to result on most occasions when there is flow down Coal Gulch. Culvert should be <br />maintained to restore design capacity, and should be re-set as necessary to ensure proper functioning <br />with minimal sediment accumulation. <br />Additionally, it was noted that a section of road ditch at the northeast toe of the stockpile bench at the <br />UTL had partially silted in with gravel and coal fines, and maintenance is warranted. <br />Finally, further work is necessary to repair the lower dip section crossing on Coal Creek, where recent <br />high flows have caused additional scour along one side of the concrete structure in which the culverts <br />are set. <br />Hvdrolooic Balance <br />Drainage and sediment control structures were in general properly maintained and functional. One exception <br />was that several of the silt fence installations require maintenance. Silt fences that require maintenance <br />3 <br />