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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. Various small area exemption locations were inspected. All such locations were dry, and for the moss part the locations were properly designated on Map 147, and sediment controls appeared to be adequate. One area of concern was noted in the immediate vicinity of Overland Conveyor Transfer #2. A small area at the Transfer Location that is subject to some coaly deposition does not drain to the adjacent temporary stockpile azea sediment pond, and is not specifically designated on Map 147 as a small azea exemption location. Operator is requested to submit an appropriate minor revision that identifies the location as a small azea exemption, and provides an appropriate plan and demonstration for the exemption. SAE sediment controls for the Large topsoil and subsoil stockpiles to the South of the Refuse Haul Road in the vicinity of the Refuse Disposal Areas consist of containment ditchberms that direct disturbed runoff to rock filter outlet sumps. At the southwest corner of Subsoil Pile 4, the perimeter ditch was noted to be approximately 8 feet wide but only 11" [0 12" deep. Maintenance is warranted to build up the ditch capacity at this location. One Hydrologic Balance related enforcement action was issued based on this inspection (NOV CV-2002- 017). Please refer to the Description ojEnforcement Actions section of this repoR. Backfilline and Gradin Final reclamation backfilling and grading operations were conducted in 2001 at the East Portal bench and access road, and at the former Rock Dust Shaft pad location. At both locations, grading appeazs to have been properly conducted to achieve a stable configuration that conforms to approved plans and blends into the adjacent terrain. At the East Portal project site, DMG inspectors had previously checked slope and channel grades and channel dimensions and confumed that the work was in compliance with design plans, Slopes in both areas were left appropriately rough, to enhance vegetation establishment and reduce surface erosion, Backfilled slopes remain stable, with no significant erosion, settling, or slumping. Along the East Portal access road in particulaz, the blending of the backfill into the adjacent slopes is such that, upon maturation of the seeded vegetation, it is anticipated that the road location will not easily be distinguished by the casual observer. One concern noted during this inspection and previous inspections is that the outlet end of Channel "W", at the East Portal reclaimed site, was riprapped to the point ofjunction with the native ground, but theriprap was not carried the additional distance down to the Scullion channel. Operator will need to closely watch this location, and implement protective measures ifdowncutting initiates that would compromise theriprap channel. Processine Waste Two enforcement actions related to processing waste disposal (NOV CV-2002-015--Dust Control, and NOV CV-2002-016--Surface Drainage) were issued based on this inspection. Please refer to the Description of Enforcement Actions section of this permit for discussion regarding the enforcement actions. Refuse Areas were inspected on the afternoon of July 9, with follow-up inspections of RP-SA on the afternoon of July I O and afternoon of July 11.