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P~~ e s 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. outflow of the diversion above PM-8, east of the fence and directly through a portion of the unfenced shrub study area. Significant rills are also forming west of the start of PM-8. A representative slope of 29% was measured in the upper portion of PM-8, the design for this channel indicates that the slope in the upper portion range from 15-22%. Erosion is occumng above PM-8 and depositing sediment in the riprap portion at the start of PM-8. A portion of the channel bank above the intersection with PM-8a is exposed without armoring and is eroding. PM-8a is a meandering roughened spoil design. This channel is not stable with down cutting through the spoil. There is a large gully south of PM-8a that begins as high up as the diversion above the shrub study area. Upper PM-8b is a vegetated channel that drains into lower PM-8b. Lower PM-8b is a roughened spoil meandering channel that was designed to drain into PM-8. The instability and erosion at the lower end of the former East Wadge Pit and the final dozer pit locations have been the focus of several previous inspections. In June 2004 the DRMS recommended that SCC revise the drainage design for this azea by incorporating two additional channels and also indicated in this report that the diversion ditch above the shrub establishmenUelk fence be incorporated into the drainage design as a permanent post mine feature (see inspection report issued 07/02/04). The drainage control was redesigned with TR-36 including a meandering flow path design for Post-Mine Channels 8a and 8b and this was subsequently approved in January 2005. Following this years spring runoff, SCC has done substantial remediation grading and roughening above the junction of PM-8b upper and PM-8b lower and has constructed a new diversion from the junction down to PM-8. An aerial photo overview of this azea is shown in Photograph No. 7 which was taken on August 22, 2006 following this inspection. Photographs of the gullies in the vicinity of the shrub plot and of the PM-8, PM-8a, and PM-8b drainages are shown in Photograph Numbers 8 through 13. Based on the observations made during this inspection it is appazent that the design is no longer functional. The East Wadge Pit area beginning above the shrub plot study area all the way down to the South Road will need to be reevaluated to provide stable slopes and effective post-mine drainage control. One problem that has been noted in the past is that the temporary diversions constructed to divert water away for the shrub plot have concentrated the flow of water elsewhere resulting in significant gully formation. SCC will need to reevaluate the surface water runoff control plan for the entire location described above. This azea will require reconstruction grading. If major disturbance of the azea is caused by the regrading work, SCC should consider reseeding the azea. SCC was notified during the Phase I bond release inspection that the East Wadge Pit azea is not functional or stable, and therefore not eligible for Phase I bond release.