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Jr <br /> 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 /> immediately to the east of Pond 016A. The operator has not completed remediation of these <br /> slides and the Pond 016/016A slide affected areas were properly not included in the SL-2 release <br /> request. SCC's application requested release of approximately 763.3 acres of the North Area and <br /> 402.9 acres of the South Area. <br /> In the spring of 2009, high intensity rainfall on top of recently reclaimed slopes that were still <br /> saturated with snowmelt moisture resulted in extensive erosion within South Area watersheds <br /> tributary to Sedimentation Ponds 016/016A and 017. Many of the reclaimed permanent channels <br /> within the South Area watersheds were heavily damaged, necessitating extensive repairs, <br /> reconstruction, and implementation of further erosion control measures to prevent recurrence. <br /> Based on the extent of erosion damage and on-going remedial work in the South Area, the <br /> Division and SCC reached agreement during the 2009 field season that it would be premature to <br /> grant Phase I bond release for most portions of the South Area. However, SCC had completed <br /> the SL-2 application and submitted required newspaper notice for publication prior to the intense <br /> storm events. Rather than revise the application and re-publish the notification, the operator <br /> agreed that they would accept a proposed decision by the Division to exclude the entire South <br /> Extension (e.g. permitted lands within Sections 26, 27, 34, and 35; T5N R88W) from the area to <br /> be approved within SL-2. <br /> A brief overview meeting was held at the mine office on the morning of October 14, at the <br /> beginning of the inspection. It was confirmed during the meeting that the operator understood <br /> and did not object to the fact that the Division would exclude the South Extension from any <br /> proposed SL-2 approval decision. Photos SL2-43, SL2-44, SL2-54, and SL2-55 attached to this <br /> report depict some of the South Extension areas impacted by the intense runoff, as well as <br /> recently completed and on-going remedial work. Remedial work has included gully regrading <br /> and seeding, permanent channel reconstruction, and construction of erosion control surge <br /> structures in series along primary drainages. <br /> Based on the Division's determination and understanding with SCC regarding the South <br /> Extension, the SL-2 field inspection was focused primarily on the original permit area(North <br /> Area) for which SCC had requested Phase 1 bond release on approximately 763.3 acres of <br /> reclaimed land. During the inspection, inspectors walked through large portions of the release <br /> request area, to allow for visual assessment of compliance with pertinent requirements, including <br /> backfilling and grading, channel and hillslope stability,blending of regraded land to undisturbed <br /> areas, and drainage control. In the interest of efficiency, the inspectors split up and walked <br /> separate routes, typically from the upper end to the lower end of a reclaimed drainage. Operator <br /> representatives typically did not walk the entire distances,but dropped off and picked up the <br /> 2 <br />