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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 partial inspection conducted by Joe Dudash of the Colorado DMG. No one represented the operator during the field inspection. According to the operator, the West Mine and the East Mine received a fairly heavy precipitation event a few days before. West Mine At the West Mine reclaimed portal bench azea, the operator has moved the stakes that mazk the boundary between the upper azea and the lower azea, thereby enlazging the west side of the lower azea. The upper azea is the azea proposed for Phase One bond release. The lower azea is un-reclaimed and contains the still-covered East Roatcap Creek culvert and the two sedimentation ponds. When the upper azea has sufficient vegetative cover, the lower area will be reclaimed and the creek profile will be restored. The excavated dirt from the lower azea can not be placed in the upper area. Therefore, the lower area needs to have room for the placement of the excavated dirt. BRL still needs to place some of the boundary mazkers into the ground. The vegetative cover at the reclaimed West Mine portal bench azea is improving. However, there were scattered occurrences of thistle and bindweed on the backfilled and graded slope. The two sediment ponds at the West Mine were dry. Pond embankments appeazed to be stable although vegetative cover was spazse. The spillways of the two ponds were functional. The gated primary of the upper pond was open while the gated primary of the lower pond was closed, as designed. There was some sediment backed up behind the straw bales along the northern road at the reclaimed portal site. At the fan area, the material in the backfilled vent shag has settled a few inches more since last inspection. The total amount of settling is only about 6 inches and does not appeaz to be a problem at this time. The operator still intends to construct a concrete cap over the filled-ip vent shaft as part of the Phase One bond release. Also at the'fan azea, the silt fence was in place. The vegetative cover on the topsoil stockpile lies fumed brown. There were no signs of gulling on the stockpile. The topsoil stockpile sign was present. The mine ID sign at the entrance to the fan site has fallen down and should be re-installed.