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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made during <br />the inspection. Comments also describe any enforcement actions taken during the inspection and the <br />facts or evidence supporting the enforcement action. <br />This was a complete inspection conducted by Tom Kaldenbach of the Colorado Division of Minerals <br />and Geology. No one represented the operator. The ground was covered with a few inches of snow. <br />Trucks were loading coal in the stack-tube azea. With the operator's consent, this report was issued <br />from the Denver office. <br />Availability of Records <br />All required records were available, with the exception of a valid liability insurance certificate. The <br />certificate expired on December 13, 2005, two days before the inspection. The operator's <br />representative explained by phone that he is seeking a certificate from the operator's corporate office. <br />Signs and Markers <br />A mine i.d. sign was properly displayed at the entrance to the site. Disturbed azea boundary mazkers <br />were in place around the perimeter of the facilities azea <br />Roads <br />The mine entrance road was well maintained. <br />Hydrolo¢ic Balance <br />Both ponds appeazed in good shape: embankments were stable and discharge structures were clear. <br />The west pond was cleaned of sediment earlier this yeaz. Both ponds had adequate sediment storage <br />capacity. <br />The diversion ditches on either side of the surface facilities area were in good condition. <br />Processine Waste <br />The waste pile showed no evidence of structural instability. The top of the pile was dry. The ditch on <br />the southwest side of the pile appeazs to meet design specifications. <br />Suaaort Facilities <br />Fuel tanks in the surface facilities area show no signs of leaks or spills, and have adequate spill bamers <br />in place. No problems were found in the surface facilities azea. <br />General Mine Plan Compliance <br />No problems were found on the site. Operations appeazed to comply with the mine plan. <br />