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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. Steven Leach (Leach) of the P & M Coal Company (P & M) and Byron Walker (Walker) of the Division of Minerals and Geology (Division) conducted a joint inspection of the "string of pearls" check dams during this inspection. Carry over items from previous inspections included the following items: • During the Coal Complete Division inspection of July 13, 2004 some documents were missing from the file at the Routt County Court House. All appropriate documents were on file at the time of this inspection. • The mine and permit identification sign on the Skyline access road (Routt County Road 44Z) from Routt County Road 27 needed refurbishing. This work was accomplished during this inspection. See the discussion under Signs and Markers below. • Maintenance work had been not been accomplished on Check Dams 17 and 21. See the discussion under Slides and Damage below. Signs and Markers The identification number of the current permit on the sign on the Skyline access road (Routt County Road 44Z) from Routt County Road 27 was refurbished during this inspection. All other signs were up. Permit boundary signs were difficult to distinguish. Hydrologic Balance Check dams 4 and 6 through 21 retained water (very small capacity in check dams 4, 6, 7 and 8). The "string of pearls" check dams cease to be impoundments when the basins fill with sediment and they become drop structures (Permit Application Package, Appendix 4.6-M, Page 8). With the approval of the Division, impoundment inspections are no longer required when the check dam reservoir becomes filled with sediment. Beginning with the third quarter 1994 and through the third quarter 1997, inspections of check dams 1 through 8 have been progressively dropped, but no Division approval was located. To document approval by the Division, the operator is to submit a minor revision (status of permitted procedure) that identifies those check dams that are no longer impoundments and aze exempt from inspections appropriate to impoundments. The Center Ridge pond was dischazging at a measured (flume) 0.2 cubic feet per second (cfs) (90 gallons per minute). The Moffat Center Ridge pond was dischazging at an estimated 0.001 cfs (0.5 gallon per minute). There was no discharge from the Moffat Area pond. Inspection of 19 November 2004, page 3 of 6 pages, BONN