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As a result of the special focus inspection, NOV C-97-016 was issued for improper diversion and <br />collection ditch construction or maintenance. The NOV applied to a number of locations on <br />CRDA-I and CRDA-2 perimeter ditches, which requred maintenance or repay, and to the <br />CRDA-2 upper diversion ditch, which required substantial reconstruction. Ultimately, a Failure to <br />Abate cessation order was issued (CO-98-001). The abatement work was completed on January <br />22, 1998, and an amended CRDA-2 upper diversion certification was submitted on January 23, <br />1998. The enforcement actions were terminated on that date. <br />Observations made during the bond release inspection on August 14,2001, indicated that the <br />perimeter ditches and CRDA-2 upper diversion ditch were properly maintained and functional. <br />Due to concerns identified by the Division regarding the suitability of the existing CRDA-2 upper <br />diversion as a permanent structure, a new upper diversion design has been approved and will be <br />constructed during CRDA-2 fmal reclamation. <br />Reclaimed area slope compliance evaluation for CRDA-2 included data from four slope transects, <br />and included the following summary statement: <br />Wilh only a couple of very minor exceptions (within the probable error range of the <br />measurement techniques employed) reclaimed slope gradients, bench heights, and <br />terrace drain dimensions were within the design parameters specified in the permit <br />narrative. Reclaimed slopes and terrace drains evaluated on CRDA #1 are judged to be <br />in compliance with the approved plan. <br />Reclaimed area slope compliance evaluation for CRDA-1 included data from two slope transects, and <br />included the following summary statement: <br />Reclaimed slopes and terrace drains evaluated on CRDA-l are judged to be in <br />compliance with the approved plan. <br />During the 1997 evaluation, monitoring records associated with 30 piezometers that had been installed on <br />CRDA-I in 1994, in association with a stability evaluation, were reviewed by the Division, in conjunction <br />with the slope compliance evaluation. The Division concluded at that time that monitoring had not <br />documented problematic ground water elevations, although one particularpiezometer (#307) had exhibited <br />constriction or obstruction on occasion, which resulted in an incomplete data record for that particular <br />piezometer. This was not judged to be a critical deficiency, and replacement of thepiezometer was not <br />requested, unless "furore changes in hydrologic characteristics or other stability indicators...warrant <br />reconsideration". Based on review of subsequentpiezometric monitoring, quarterly certifications, and <br />observations of the pile during regular monthly inspections and the bond release inspection, the 1997 <br />assessment remains valid. No indications of mass instability have been observed. Only limited minor rill <br />erosion has been observed (outslope of CRDA-2 bench 3), and the operator has taken appropriate <br />remedial measures. <br />For a number of reasons, the Division will not propose to approve Phase 1 bond release for the reclaimed <br />CRDA-1 and CRDA-2 benches at this time. As discussed above, the construction and non-toxic cover <br />placement for the lower three benches of both refuse piles appears to have been completed in compliance <br />with permit requvements. However, regrading and cover placement on the upper two benches and final <br />grading of the upper terrace drains, rip-rapping of upper segments of the permanent perimeter ditches, and <br />certain other regrading tasks have not been completed. Rule 3.03.1(2)(a) specifies that, for Phase 1 bond <br />release, "[U]p to sixty percent of the applicable bond amount shall be released when thepermittee <br />successfully completes backfilling, regrading, and drainage control in accordance with the approved <br />reclamation plan." The Division's interpretation of this rule for refuse piles, is thatregtading, cover soil <br />placement, and installation of final drainage controls for the entire refuse pile must be completed prior to <br />Phase I bond release for the pile (or portion of a pile). Until the entre pile and associated permanent <br />drainage system has been completed, there is the potential for erosion and sedimentation from bare refuse <br />