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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. without reliance on existing channel berms for additional capacity. Measurements were taken using a hand level and measuring tape at two locations where depth appeared questionable (ifberms excluded). Depths of 27" and 22" were recorded. The precision of the measurement is questionable, given the unevenriprap channel bottom. Calculated flow depth for the design storm event and corresponding channel gradient is 18" (Permit Appendix 13-2, p. NDEC-I2). Berms built up along the permanent channel that runs through the reclaimed area will need to be eliminated or modified prior to final (Phase 3) bond release (after required sedimentation demonstratons have been made) to allow for surface runoR from the reclaimed area to enter the channel. The permit will need to be properly amended to address such modification. The Division requests that the North Decline bond release map, end appropriate permit text and exhibits be amended by minor revision application, to clarify that berms along the permanent channel will be eliminated prior to final bond release. Alternatively, the maps and text should be amended to indicate [het berm breaks will be installed at appropriate locations to allow reclaimed area drainage [o enter the channel (upon demonstration that disturbed area sediment controls are no longer necessary). Finally, an updated permanent channel construction certification will need to be provided, that specifically addresses whether the channel will contain the design flow without reliance on berms. The North Decline reclaimed areas on either side of the channel are stable, and relatively flat, appear to be similar to the original land form, and blend into the adjacent terrain, with no erosion evident. 2 West Portals The amended 2-Wes[ Portals Map in the revised bond release application appropriately delineates [he "Graded, Seeded, and Mulched 2000" areas which are subject to the requested bond release. The two sets of road culverts have been removed and replaced with dips or "low water crossings" as approved. The compressor and substation facility and the overhead power line in the 2-West Portals vicinity have not yet been reclaimed, and these facilities are not included in the bond release request. Documentation submitted by the applicant indicates thatbackfllling and grading in this area was conducted in compliance with the approved plan. This assessment is supported by observations and measurements made during the bond release inspection on August 14, 15, and 24, 2001. Two west portal reclaimed slopes blend smoothly into the adjacenthillslopes, with no highwall remnant. Proposed final reclamation cross-sections on Exhibit 58 indicate slightly concave slope configura[ions,wlth gradient of 33% for the North Portal and 46% for the South Portal. During the bond release inspection on August 24, the North Portal backfill gradient was estimated with anabney level to be approximately 34%, and the South Portal backfill gradient was estimated to be approximately 38%. Both slopes are slightly concave, as depicted in the approved design. The slopes were graded rough, and no erosion was evident. Silt fence and berm sediment controls were in place in accordance with the approved design, and were properly maintained. Sediment controlberms will need to be maintained until vegetation demonstrations allow for their removal, and adequate bond will need to be retained for future elimination of theberms. The permanent channel at the Two West Portals appeared to be constructed in accordance with the approved design. Minor erosion repair and riprap installation was requested during the inspection on August 14, and adequate repair was documented during the inspection on August 24. Specifically, during