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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. In TR-45, currently under review, the operator has proposed to eliminate the designed permanent drainage channel 006-SE1, which is depicted on current PMT Exhibit 20-2, along the base of the reclaimed final highwall in the southwest portion of the `A" Pit mining area. During the inspection, a significant flow (30 to 40 gpm) was observed in the spoil drainage feature roughly corresponding to the 006-SE1 channel location. The existing drainage profile includes a series of relatively flat segments separated by segments of markedly steeper gradient. The steep segments had been severely eroded. By walking the drainage for a considerable distance it was determined that much of the flow had originated from the 006-S1 watershed, which drains a large area upstream of the "A" Pit disturbance. In the final drainage configuration, the 006-S1 drainage will tie into 006 Gulch, which will eliminate a significant component of the flow observed in the 006-SE1 spoil drainage. However, the 006-SE1 drainage area may still be of sufficient size as to warrant construction of a designed permanent channel. Even if a grassed Swale feature is demonstrated to be appropriate in lieu of a constructed channel, the current profile with the numerous nick points would not be geomorphically stable, and will need to be significantly modified. The Division will address these concerns within the TR-45 adequacy review, and will request appropriate hydrologic evaluation and demonstrations, and appropriate profile for the 006-SE1 drainage feature. Q Rill and gully repairs necessary to comply with NOV CV-2003-014 final abatement requirements had been initiated within the last week, as soon as ground conditions had permitted. The initial project was elimination of the old contour ditches that had contributed to hillslope gully erosion in the upper "A" Pit revegetated areas, and significant progress in this regard had been made prior to the inspection. Support Facilities A drill site adjacent to the northeast corner of Topsoil Stockpile AAA was observed during the inspection. This was Drill Site 10, associated with the 2003 drilling program conducted within the permit area to facilitate planning for highwall mining. The site was properly bermed and the mud pit was in place. The hole needs to be plugged, and the site properly graded, topsoiled, seeded and silt fenced. All of the 2003 drill sites need to be reclaimed this year. To soil Topsoil Pile QQ near Sediment Pond 5 was used up last year, and the pile footprint was broadcast seeded last fall. Seeded vegetation has recently germinated. Topsoil Pile JJ on the ridge north of the "D" Pit final highwall was also used up during the 2003 reclamation project. The footprint of the stockpile still needs to be ripped and seeded. 9