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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. This was a complete quarterly inspection of the reclaimed Fruita mine permit revocation site, conducted by Dan Mathews of the DMG Grand Junction Office. Weather during the inspection was clear and mild. Surface soils were relatively dry. The sediment pond contained no water; pond bottom was moisUmuddy. Sions and Markers The mine I.D. sign with DMG address and phone number remains in place on the mine gate and, despite damage from bullets and shotgun pellets, the DMG phone number remains legible. Roads The mine bench access road was reclaimed (extensively roughened, seeded, and drainages reestablished) in 2000. Hydrologic Balance The sediment pond remains in place. The pond bottom was muddy, with no standing water. Sediment level in the pond remains approximately 4.5 feet below the top of the spillway riser. As described in previous inspection reports, the spillway riser structure is not currently capable of functioning as designed. Inflow from storm events over the last year has piped along the buried section of the riser and drained out of the pond through the discharge culvert, with no retention time. The lack of retention time is not a significant concern, because in 2005, the Division determined that vegetation cover on the reclaimed site was adequate ensure that sedimentation from the site is not in excess of premine conditions. However, inflow piping along the buried section of the riser could lead to development of a gully headcut that would over time extend across the pond and up-drainage along the ephemeral stream channel. Subsequent to the October 2005 inspection, I shoveled out the base of the spillway riser and determined the problem was that a seal on the rusted gate device which covers a drain opening (buried by 3 feet of sediment) had disintegrated. Pond inflow has been draining out of the pond through the gap behind the gate, caused by the missing seal. The Division is evaluating measures that can be undertaken with the remaining bond amount, to repair/modify the existing spillway structure to eliminate the piping problem and prevent the development of more significant erosion. It is planned that any project to repair the spillway riser structure would also include provisions to lower the elevation of the open channel emergency spillway. This is because recent elevation surveys indicate that the base of the open channel spillway is at approximately the same elevation as the low point of the pond embankment (in the southwest corner of the pond). Condition of reclaimed area drainage channels and extent of channel erosion was essentially as described in the September 16, 2005 inspection report. Backfill and Grading Backfill slopes appear stable, with no evidence of slumping, caving, or excessive erosion. Conditions were essentially as described in the September 16, 2005 inspection report.