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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. locations where the original riprap was washed out or bypassed by high flow, exposing the fabric underlines. Larger riprap may be warranted. An area of concentrated hill slope rilling was observed on the topsoiled/seeded steep lower slopes between 005 Gulch and 005-E1 Gulch, north of the existing scraper road. Repairs are warranted and the operator had already initiated regrading to repair the erosion. Drainage from the scraper road apparently contributed to the rills in this location. Construction of the approved postmine access road through the "D" Pit reclaimed area, with appropriate drainage structures, should minimize the potential for recurrence of rill erosion in this location. For this reason, it is important that the road construction be undertaken and completed as soon as possible. A few scattered rills were observed on other portions of the "D" pit slopes that were topsoiled and seeded last fall. Most rills were on north facing slopes that had been drill seeded. Most of these rills were less than 9" deep, and will be smoothed out and seeded with the seed drill. A couple deeper rills will be graded over prior to reseeding. ~ Minor grading appears to be warranted in the vicinity of the spoil seepage area near the lower "D" Pit stock pond, to create a more defined Swale feature to convey flow from the seeps. The pond banks and adjacent spoil seep areas should be planted with the permanent pond and mesic drainage planting list species. "A" and "B" Pit Areas Backfilling and rough grading has been completed in the "A" and "B" Pit areas that were subject to January 31, 2004, and March 31, 2004 backfilling and grading deadlines, respectively. Permanent drainage channel construction, topsoiling, and final revegetation of these areas is to be completed in 2004, A substantial amount of grading will be required to establish final drainage grades and configurations in some locations. In addition to grading associated with permanent drainage construction, regrading to repair slump areas will be necessary on portions of the previously graded final pit highwall along the southern boundary of the "A" Pit area, south of the upper segment of 006 Gulch. In one location, the scarp is over 8 feet in height. This area will be inspected by the DMG engineer later this month to assess mitigation measures that may need to be taken to minimize the potential for further slumping to occur after the area is regraded, topsoiled and seeded. Minor grading will be necessary to eliminate the spoil "pedestal" on the mound beneath the power pole in the central "A" Pit area, to ensure that the mound provides a stable platform for the pole, and that the feature blends into the adjacent terrain.