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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. Roads and Hvdroloitic Balance Road surfaces and drainage structures appeared to be properly maintained and functional. The "in-ditch" sediment trap located along the roadside/sediment collection ditch a short distance up-gradient from the sediment pond was full of sediment. The sediment trap is to be cleaned out to provide sediment control during repair of the sediment pond embankment. The sediment trap excavation is specified as an interim abatement step within NOV CV- 2004-005. Excavated sediment will need to be placed in the designated sediment cleanout storage area. The capacity of the sediment cleanout area is nearly full at present. As such, a portion or all of the material currently stored in the cleanout stockpile may need to be hauled to the recently constructed coal waste disposal site in the Munger Canyon permit area, prior to placement of sediment from cleanout of the "in-ditch" sediment trap. The sediment pond pool elevation was approximately 1 S inches below the level of the primary spillway discharge pipe, and the pond was being de-watered using a submersible pump and hose at the time of the inspection, to facilitate embankment repairs. Evident pond embankment instability is described under the narrative pertinent to NOV CV-2004- 005, in this report. It was noticed during the inspection that sections of the diversion ditch behind (south and west of) the sediment pond and soil stockpile/sediment drying area locations have been scoured and incised in some locations by high flow events. Along the lower segment of the ditch, several sections now exhibit vertical sideslopes, with apparent scouring of 6 inches or more. Further erosion may occur if maintenance grading is not conducted. This ditch is depicted on permit Figure 2.2-3, and labeled "Collector" ditch on Permit Table 4.2-13. The ditch is described as a trapezoidal channel with a 2 foot base width and 1.5;1 side slopes, minimum depth of 1.5 feet. The lower ditch segment (approximate 100 foot section that has eroded in segments) needs to be regraded to repair erosion and reestablish design dimensions. The lower end of the ditch should be extended a short distance to tie into the drainage arroyo, as depicted on Figure 2.2-3. A quantity of sediment has accumulated in front of the office area SAE silt fence, and maintenance is warranted to remove the accumulation. Portal area drainage diversion culverts were clear and functional