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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 an aerial inspection flown by Harry Ranney of the Colorado Division of Minerals and Geology. Kent Gorham of the CDMG reviewed oblique aerial photographs in the office on July 30, 2003. This coal operation is currently under a temporary shutdown due to market conditions. Significant reclamation work, mainly backfilling and grading, has been completed in the last six months. The weather was clear and the quality of the digital photographs was excellent. Hydrologic Balance All of the ponds visible in the photographs were nearly dry, with the exception of pond 9 which held water below the lowest discharge point. A significant storm event occurred on July 22 in the general area but it may not have occurred on the immediate mine site. The perimeter ditch between pond 8 and pond 5 watershed (ditch D86) was clearly visible and appeared in good condition. Sediment removal and grading on ditch D76 had also been completed as requested in the previous months inspection report. Other ditches appear normal with no evidence of breaching or malfunction. Backfilling and Grading Only a small section of highwall remains in the saddle area between Fill 7 and Fill 8. Backfilling and grading above pond 6 has been completed. Benching above Fill 7 has also been completed. The permanent road has been roughed-in across the saddle area. Drainage work on permanent drainages on the east side of the disturbed area was also evident. Riprap placement appeared ongoing using a tracked excavator. Topsoil Topsoil previously piled on the northeast side of the un-mined ridge has been re- spread in this area. The operator should verify that this topsoil has been re- spread to the approved depth of .85 feet. 3