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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the inspection <br />and the facts or evidence supporting the enforcement action. <br />This was a complete quarterly inspection of the reclaimed Fruita mine permit revocation site, <br />conducted by Dan Mathews of the DRMS Grand Junction Field Office, accompanied by Steve Renner <br />and Erica Crosby of the Division's Inactive Mine Program (IMP). IMP will be developing a plan for <br />maintenanceferosion repair work and bid document preparation, for site work that is now anticipated to <br />be conducted in early 2009. Weather was clear and mild, surface soils were moist from rains over the <br />past weekend. The sediment pond contained no water; pond bottom was dry. Site conditions were <br />essentially unchanged from those described in the September 2008 inspection. <br />Signs and Markers <br />The DMG revoked permit I.D. sign is still present on the old gate at the site entrance. The condition is <br />unchanged from previous inspections; damaged by bullet holes but Division phone number remains <br />legible. <br />Hvdroloaic Balance and Bac kfill & Gradin <br />Sediment pond and associated spillway structure were as described in reports dating back to <br />November 2006. The pond bottom was moist, but due to the deteriorated condition of the primary <br />spillway at the joint of the vertical (riser) and horizontal CMP sections of the structure, the pond does <br />not retain water. Preliminary remedial plan is to cut out the riser section of the primary spillway <br />structure and plug the section of CMP that runs through the pond embankment, to prevent further <br />discharge through the spillway pipe. Elevation of the existing open channel emergency spillway will <br />be lowered, to provide for a stable open channel spillway, which would serve as the sole spillway for <br />the pond. <br />Erosional features at the site have not changed appreciably in recent months; they are essentially as <br />described in the November 2006 through September 2008 inspection reports. Erosional features that <br />may warrant remedial measures to ensure that reclaimed slopes and drainage channels are not <br />compromised include gully headcut and incision immediately downstream of the toe of the riprap on <br />the permanent channel on the steep Mine 1 bench fill outslope, a gully headcut and short gully <br />segment extending up from the toe of the Mine 1 bench fill outslope, along the east side of the fill (east <br />of the riprap channel), a small diameter hole (apparently a piping erosional feature) located on the <br />crest of the Mine 1 portal backfill at the base of the sandstone outcrop above the sealed portals, a <br />gully headcut and incision on the Mine 1 portal backfill slope and along upper segment of the <br />permanent channel on the relatively flat top of the Mine 1 bench, a location where riprap was <br />dislodged from the permanent channel near the center section of the steep riprap segment, and rill <br />erosion along the lower -most segment of the reclaimed access roadbed. <br />A total of $50,000.00 has been granted to DRMS by OSM, from the OSM pool of civil penalty monies. <br />The total amount was received in two separate award increments. The 9350,000.00 in funding from <br />OSM, plus remaining bond monies ($2794.00) will be used to implement pond embankment/spillway <br />modifications, erosion repairs, riprap installation and other measures to prevent pond embankment <br />failure and to stabilize drainage features and portal backfill locations that are threatened by existing <br />and potential future erosion. It is anticipated that the work will be performed in early 2009. <br />3 <br />