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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 mspect~on <br />and the facts or evidence supporting the enforcement action. <br />This was a partial inspection conducted by Kent Gorham of the Colorado Division of <br />Reclamation, Mining, and Safety (Division). Deserado is an active underground mine <br />operating in the B seam using the longwall mining method. Ground conditions were dry and <br />the weather on this day was sunny and mild Jeff Dubert and Scott Wanstedt of Blue <br />Mountain Energy accompanied me on this inspection. <br />Topsoil <br />One purpose for this inspection was to inspect a number of the topsoil piles located in <br />various portions of the permit area. As is common with many underground mines. scattered. <br />isolated facilities and the associated disturbances result in topsoil stockpiles adjacent to <br />these various areas. <br />One large topsoil <br />stockpile is located <br />immediately south <br />of the D-portal <br />facility area (shown ~u;~.. ; -T`T<~.~ <br />at right), The pile is ~ - _: ~~''~K <br />labeled (4) on Map ~y~i'r ,••. - 1 -~•._aa •` "' <br />147, Small Area ~ r'~ • <br />~~,~=x. <br />,.^ <br />Exemptions. Most ~~%~ - ~ - -~ <br />of these topsoil '~~ •~• ~ ,_- <br />stockpiles are rib.`- •e~- ~ "'~• '~a <br />approved as small U•"• ~ ~~(~~~_ ~- •. • ,~,, ~• _ <br />area exemptions. _ "+~~~~•' ~ ~ ~ __ ; _ <br />This large pile (54 ,~~ ; ~' ^ ~ * •• - ~r <br />~~ <br />ac/ft) was found 1'k~ °+? '",~'~`_ ~ 4 ~_ „ ~ .Y <br />well vegetated and f~-/rf~"~• '• ti '~~-~ ~.,.` _, ~ ,~ ~~ i <br />~~,, <br />no sign of erosion -e ~ "~i'" '`' ~ "~ „~-~ t` 7~. • ;~ 'Y~~•~'- <br />was noted. Upland ~-c`t~,ti~~ ;4'q'?~~.' f~ .,,,. 1"'`*"~~,,~~ ~ %:'s't u`~ K ~,~ <br />"~ <br />flows are diverted ;+R4 ' . <br />O.. tie ' ~ @ti.e. ,~ "tv'~N~ ~~ f d ~ ` ~ ~ a' ~ ! ~ A `. ~ ' <br />away from the piles + '' .~rt.r~,,_-.KV =,;~ ?~"£~ ~e'~~.,, "~'`"',,r„i ~`• <br />and aberm/swale -•- v;. _ _~a.." :?~ ~.~~ • ~i ~+~•,_ >ri-':~ :+r ~..::~. . <br />provides sediment control for the pile itself The topsoil marker as required by Rule 4.02.7 <br />had been blown down by wind and was reset. It was somewhat weathered and could benefit <br />from repair or replacement to meet the durability requirement of Rule 4 02 No weeds were <br />noted, although it is early in the growing season <br />