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III. COMMENTS - COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of <br />observations made during the inspection. Comments also describe any <br />enforcement actions taken during the inspection and the facts or evidence <br />supporting the enforcement action. <br />This was a complete inspection conducted by Tom Kaldenbach of the Colorado <br />Division of Minerals and Geology. No one else was present. The ground was <br />covered with a few inches of snow. It snowed during the inspection. <br />AVAILABILITY OF RECORDS <br />The records checklist is attached. The following documents identified as <br />missing in the inspection on 8/31/98 have either been inserted in the file <br />or otherwise resolved: <br />1. Inspection reports for July, August, October, and November 1997, and <br />January through July 1998. <br />2. The newest mining permit (renewed in RN-03 in 1998). <br />3. Underground mining notifications to landowners - DMG has researched its <br />files and concluded that landowners probably were effectively notified as <br />explained in a memo dated 11/20/98 that the inspector has placed in DMG's <br />correspondence file of the Apex No. 2 mine. <br />4. Stormwater permit. Greg Lewicki has said Carla Lenkey ofi the Colorado <br />Water Quality Control Division explained that the Apex No. 2 NPDES permit <br />does not require a stormwater permit because virtually all runoff in the <br />permit area reports to a sediment pond. <br />SIGNS AND MARKERS <br />All signs and markers were properly displayed, including mine i.d. signs and <br />stream buffer markers. <br />HYDROLOGIC BALANCE <br />The pond contained no water. Its embankments and inslopes appeared stable. <br />Ditches and culverts were in good repair, and the berm around the facilities <br />yard area was in good condition. The Swale in the road was functioning as <br />designed. <br />The operator recently has added concrete to the office SAE channel so that <br />now the gabion baskets are surfaced with a layer of concrete down the length <br />of the channel. The concrete is on grade with the ground surface. The <br />channel should be monitored for erosion on either side of the concrete <br />surface. Some of the pile of rocks at the toe the channel may need to remain <br />for dissipating runoffi from the concrete surface. <br />Page 3 <br />