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III. COMMENTS -COMPLIANCE <br />~.~ e 6 <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 />Hydrologic Balance <br />Sedimentation Ponds 002, 003, 004, 008, the PECOCO Pond, the Truck Wash Ponds, and Spilt <br />Control Pond #2 aze routinely inspected at least every quarter during complete inspections. The <br />pond inlets, discharge structures and embankments aze stable at all pond locations. Pond side <br />slopes and surrounding areas aze vegetated and stabilized. SCC has submitted permanent <br />impoundment demonstrations for all ponds except the Truck Wash Ponds and Spill Control Pond <br />which will be reclaimed when the shop and facilities azeas aze reclaimed. During a complete <br />inspection in Mazch 2005, the DRMS noted that a qualified registered professional engineer had <br />not certified the As-Built Reports for Ponds 002,003, and 004 (please see inspection report issued <br />03/22/05). Further, Ponds 004 and 008 have recently undergone spillway redesign and <br />construction requiring new As-Built Certifications. With TR-37, SCC submitted As-Built <br />Certifications for all ponds requested to be left permanent including 002, 003, 004, 008, and <br />PECOCO Pond. The permanent impoundment demonstrations along with As-Built <br />Certifications for all requested permanent ponds aze pending approval with TR-37. SCC has <br />submitted letters from all appropriate landowners requesting that the corresponding ponds be left <br />in place as permanent features. <br />In February 2002 SCC submitted Technical Revision No. 35 to request approval for 12 stock <br />ponds to be retained as permanent structures and also to request a waiver from the quarterly <br />examination requirements for these ponds [Rule 4.05.9(18)]. In June 2003 all stock ponds were <br />inspected to verify the adequacy of the safety demonstration required by 4.05.9(18) and to verify <br />embankment heights and storage capacities (see inspection report dated 06/17/03). All stock <br />ponds aze constructed in reclaimed areas and aze not primary sediment control structures. All <br />have a capacity no greater than two-acre feet and embanlnnent height no greater than five feet as <br />measured from the invert of the spillway to the upstream toe of the embankment. The revision <br />was approved in August 2003 and the following stock ponds will remain as permanent features: <br />T-4, T-8, T-16, T-17, T-20, T-26, T-28, T- 29, T 30, T 31, T-32, and T-33. Stock pond inlets, <br />embanlanents, and spillway structures are stable. All side slopes and surrounding azeas are stable <br />and well vegetated. The stock ponds provide water for livestock and wildlife. SCC has <br />submitted letters from all appropriate landowners requesting that the stock ponds located within <br />their properly boundaries be left in place as permanent features. <br />All permanent post-mine drainage channels were inspected as part of this Phase I bond release to <br />assess general design compliance. Certified designs were approved for all post-mine drainage <br />channels prior to this inspection. Channel PM-1 was redesigned with TR-37 to provide a more <br />stable structure and to provide adequate capacity to safely convey the peak discharge from the <br />100-year, 24-hour storm event in accordance with Rule 4.05.4. Since this is a permanent <br />