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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. This was a complete inspection conducted by Joe Dudash of the Colorado DRMS. No one represented the operator during the field inspection and records check. Roads The road up Hubbard Creek Canyon was in very good condition. The road had been graded only a few days or so before the inspection. The access road that goes across Hubbard Creek to the mine site also was in very good condition. The two Hubbard Creek culverts were functioning properly. The mine site entrance gate was locked. There was a large four foot diameter rock in the middle of the access road that leads to pond 5. There is still enough room for a pickup truck to go around it. The rock, obviously, should be removed. Siens and Markers The mine ID sign was up on the front gate. The sign contained the required information. The records location sign was also on the front gate. Surface disturbance markers were up. Reclamation The backfilled and graded mine site showed no signs of slope instability. The vegetative cover was good and no erosional gullies were observed. No stability problems were noted at the reclaimed upper haul road either. The benches and backfilled highwall were stable as well. The only underdrain that was flowing any water was the north underdrain, which had a small trickle of water coming out of it. The reclaimed coal stockpile area had a moderate to good vegetative cover. There were no erosional or stability problems at the stockpile site. Hydrology Pond 4 was dry. The pond embankment was well vegetated and stable. Pond spillways were functional. The road culvert that leads from the reclaimed coal stockpile area to pond 4 was clear. The upland diversion ditch above the reclaimed coal stockpile area was well vegetated and had sufficient capacity. There was a small volume of standing water in pond 5. The primary and emergency spillways of pond 5 were operational. The gated primary discharge valve was closed. The main collection ditch leading south into pond 5 had sufficient capacity. The black culvert that brings upper bench runoff into the pond 5 collection ditch was in place. Records The mine records are located in the Delta County Courthouse. The records were in compliance, as documented in the attached records checklist. c:/word/b I ueri bbon/in sp0407