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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. North Portal Area The berm that runs along the north side of the Coal Creek channel had been breached and recently repaired in one location (Photo 2684). Disturbance caused by repair of the berm and related erosion repair (on the slope down to the Coal Creek channel) will need to be seeded. The berm that separates the drainage routed to Pond 13 from the drainage routed to the SAE silt fence had been breached in one location, and was not yet repaired (Photo 2685). The breach location was approximately 40 yards northeast of the Xcel cooling pond fence corner. Berm needs to be built up in this location. The SAE silt fence was down and flow had washed over it and deposited sediment and vegetative debris in the immediate vicinity. (Photo 2686). The silt fence needs to be repaired or replaced. Pond 13 was in good condition; there had been some runoff into the pond, but there was no water in the pond at the time of inspection, and pond bottom was largely dry, with minimal new sediment deposition. Sediment level was approximately 18"-20" below the level of the primary discharge pipe. Water marks near the lower end of the East Upper Diversion ditch indicate that the ditch had run close to bankfull, approximately 18" deep by over 5 feet wide. Fresh rills and gullies were apparent along the steep ephemeral washes that enter the diversion from the undisturbed slopes to the north (Photo 2687). There is a short gully 2 to 3 feet deep on the steep backfill crest just to the northwest of the recently re-seeded "barren area", 150 feet or so to the east of the substation. Repair of this gully is necessary. Gully erosion seems to be recurrent in this location; installation of a short segment of rock lined channel may be warranted (Photo 2688). The upper cobble lined section of the West Upper Diversion ditch (above the substation) was scoured, and the cobble washed out and liner undercut {Photo 2689). Further down the ditch there was another segment where cobble was washed out. Cobble lined segments of the West Diversion need to be repaired as warranted. Along the lower, low gradient section of the West Diversion near Haul Road 4, there are several small piles of soil from recent ditch and culvert cleanout. These piles and similar piles generated during maintenance activity should be consolidated and placed in appropriate locations within sediment controlled areas, and should be seeded with the stabilization seedmix. Coaly sediments should be kept separate from "clean" sediments, and should be disposed of in the remaining "open area" of CRDA-1. Ditches, berms, and adjacent areas disturbed by maintenance activity will need to be seeded following completion of dirtwork with the seedmix appropriate to the location. CRDA-1 Refuse Disposal Area There was evidence of heavy rainfall on CRDA-1, as was the case on CRDA-2, but for the most part the diversions, collection ditches, and terrace drains appeared to have functioned properly. There were some locations of relatively concentrated rill erosion on the steep refuse slopes, and in these areas, the "gouges" incorporated during reclamation operations in 2002 have largely silted in. One problem area was noted on Terrace Drain No. 4, on the southeast projection of the refuse pile, where the terrace drain makes a sharp curve from a southeasterly bearing to a westerly bearing. Based on sediment deposition and organic debris accumulation, it appears that flow ponded at this location (Photos 2690 and 2691), spilled over the outside edge of the terrace drain, and caused a 10 foot wide swath of concentrated rill erosion and sheet wash down to Terrace Drain No. 3 (Photo 2692). The corner segment of Terrace Drain No. 4 will