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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. ydroloaic Balance (cont.): - Both Ponds at the loadout were dry. They were well vegetated and appeared to be stable. -The yard area SAE (sediment fence) was in place and appeared to be functioning properly. -The SAE at the Newlin Creek topsoil stockpile (sediment fence) is in place and appears to be functioning properly. -All of the SAE's at the loadout (straw bales and sediment fence) were in place and appeared to be functioning properly. -The explosives storage area SAE (straw bales) was in place and appeared to be functioning properly. -The 100-year ditch around the refuse pile has been cut and appears to be in good condition. This ditch should be reseeded with the rest of the site and should stabilize as the vegetation grows. Backfill and Grading: Both the refuse pile and the facilities area have been backfilled and graded as have the South Fan Area, the topsoil, subsoil and borrow areas by the refuse pile, the roadside topsoil stockpile and the Newlin Creek topsoil stockpile area. Ponds 1 and 2 were backfilled and graded with the facilities area. Pond 3 appears to have been rough graded (the pond has been filled in) but final grading and topsoil replacement have not yet taken place. The Operator is currently in the process of applying for a Phase I Bond Release for the mine site (a notice has been published and letters to landowners have been sent but the Division has not yet received an application). Topsoil: Topsoil has been replaced on the refuse pile and the regraded facilities area. All of the topsoil from the Newlin Creek stockpile has been used. A small amount of topsoil remains in the stockpile by the refuse pile (for pond 4 reclamation), in the roadside stockpile (for pond 5 reclamation) and there is a small topsoil stockpile by the rough graded pond 3 (to be used for its reclamation). The topsoil depth has not been checked. Revegetation/Reclamation Success: The Operator planted a cover crop in late may or early June. With the rain that has fallen over the past several weeks this cover crop is beginning to come up on the regraded facilities area, the refuse pile, the explosives area SAE and the Newlin Creek Topsoil stockpile area. -With the recent rains, the vegetation on the previously reclaimed portions of the refuse appeared to be in the best condition it has been in all summer. - Despite the recent rains in the area (and water flowing in Oak Creek for the first time since spring) the vast majority of the vegetation at the loadout appeared to be dead or dormant. The cover at the loadout looks like that of the surrounding, undisturbed areas.