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III. COMMENTS-COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made during the <br /> inspection. Comments also describe any enforcement actions taken during the inspection and the facts or <br /> evidence supporting the enforcement action. <br /> shaped and riprapped. The channel extending approximately 600' upstream from the NE2 <br /> confluence exhibits steep sideslopes lacking riprap,with only scattered riprap or native spoil rock <br /> along the bottom of the channel. Photo SL2-21 is a view upstream from near the lower end of the <br /> reach; Photo SL2-22 is a more distant view downstream along the reach from an adjacent ridge. <br /> Based on channel gradient and past performance, it is clear that the entire reach requires riprap <br /> installation in accordance with Permit Figure 20-1.1. Due to the extent of grading and riprap <br /> installation required,the 600 foot channel reach extending upstream from the 006-NE2 <br /> confluence will be excluded from the Division's SL-2 approval, and the work will need to <br /> be properly completed during 2010. <br /> A gully on the steep slope north of the channel, approximately midway along the reach, was <br /> repaired with TRM installation in 2009 (Photo SL2-23). The upper end of the gully extends <br /> uphill from the TRM section for over 200', with some downcutting 8-12"deep. Low impact <br /> stabilization measures are warranted along this upper segment of the gully. <br /> 006 Gulch (Downstream of the 006-NE2 Confluence) <br /> The 2006 inspection identified only relatively minor maintenance issues along this channel reach, <br /> and the SL-2 inspection identified no concerns with channel construction or stability. Spoil <br /> springs emerge along the channel near the upper end of this reach, and herbaceous vegetation <br /> including wetland species is becoming well established in the riparian zone. Willows and <br /> cottonwoods planted several years previously have not survived, however, likely due largely to <br /> elk browsing. Photo SL2-24 shows the channel section upstream of the 006-SE1 confluence. <br /> Channel 006-SI <br /> This short channel segment through the reclaimed area extends from the southern "A"Pit <br /> highwall reclamation area down to its confluence with 006 Gulch, a short distance to the west of <br /> Stock Pond T-5. Both DRMS measurements from the 2006 inspection and SL-2 As Built cross- <br /> sections indicate that the channel grade exceeds the design grade. Design grade depicted on <br /> Exhibit 20-5.1 ranged from 4.6%to 8%, whereas As-Built profile shows grades ranging from 8- <br /> 12%, which is in the range measured by the Division for most of the channel length (11%). The <br /> Division measured a short segment at the extreme upper end of the channel at 17%. Review of <br /> pre-mine topography on Exhibit 7-6 indicates the slope of the original channel in the <br /> approximate location of the reclaimed segment was in the 7%to 10%range, with some segments <br /> up to 20%. The Postmine Channel Design Summary in the approved permit(Figure 20-1-1) <br /> indicates that for 006-S1, a vegetated channel would be allowable for channel slopes up to 10%, <br /> 16 <br />