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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations <br />the inspection and the facts or evidence supporting the enforcement action <br />uncovered and only partly covered up. Feature no. 3 (photos 5 and 6) is located south of the approximate limit of <br />underground workings (Liability Release Areas Map # l underground workings map). <br />The inspection continued upslope to the East and North. Ms. Folks and Mr. Ernst left the inspection at this point <br />in time (10:30 am). The inspection continued along the ridgeline to the north along an access road to apparently <br />an old air monitoring station (feature no. 4). All that remains of this air monitoring station is a fenced area, a <br />concrete pad, and a metal tower. This structure is not shown on permit map 25 "Structures and Renewable <br />Resources". Approximately 70 ft., N 16° W, from the air monitoring tower is a hole, feature no. 5 (photo 8). The <br />diameter of the hole was approximately 18 inches. A measuring tape lowered into the hole measured 7 ft. before <br />encountering material Mc Bazker's GPS reading at this location was N 40°26'02.2", W 107°39' 10.2", elevation <br />6326. A surface trough feature no. 6 (photo 9) extends S64° W approximately 120 feet from first hole. Small <br />animal burrow holes aze present along the trough. Depth of the trough is approximately 12-18 inches deep and <br />approximately 24 inches-36 inches top width. Additional troughs (feature no. 7, feature no. 8, feature no. 9 and <br />feature no. 10) extend out approximately every 30 feet north from feature no. 6. These trough lines run roughly <br />parallel to one another, in a N40° W direction, except the feature no. 7 which ran at a N85° W direction. RAG- <br />EC/BTU-Empire representatives were brought back to the inspection at this time. The apparent air monitoring <br />station and these trough features are located on the W 'h of section 31, T6N, R91 W, appearing to exist on RAG- <br />ECBTU-Empire property. The trough features appear to overlie the l~' West Mains shown on the Bond Liability <br />Areas Map # l . The Twentymile Sandstone outcrop on the east side of the ridge east of the air monitoring station <br />shows evidence of cracking (photo 10), apparently due to subsidence. One crack, feature no. l 1, was <br />approximately 4-6 inches wide, 15 feet deep (measuring tape lowered down into crack), and approximately 40 <br />feet long. RAG-EC/BTU-Empire's GPS reading at this location was N40°26.02', W 107°39.10', 6333 ft. <br />elevation <br />The inspection continued westerly onto state land. An open steel cased drill hole, feature no. 12, was located at <br />(RAG-EC/BTU-Empire GPS reading) N40°26.06', W 107°39.16', elev. 6277 (photo 11). This hole is open to a <br />depth of 14.5 feet from the open collaz. This hole was near the property comer marked with a metal survey <br />marker. <br />Recent Epp Survey stakes were located at this same location. A second hole approximately 2.5 feet deep and 1.5 <br />feet in diameter was located adjacent to this property line at Mr. Barker's GPS location: N40°25'57.1", <br />W 107°39'22.4", at an elevation of 6264 feet (feature 13; no photo available). At this point, the inspection left <br />the property on east side of the Yampa River and moved to the west side of the Yampa River. <br />Access to the property located on the west side of the Yampa River is from the north along Moffat County Road <br />30. Mine representatives were unsure about gate combinations and access across other landowners' property. <br />Mr. Joe Shoemaker of RAG-EC/BTU-Empire met the inspection group at the gate to RAG-EC/BTU-Empire's <br />right-of--way along Moffat County Road 30. The group reached the northern boundary of Colowyo's property, <br />whereupon we encountered a locked gate. Mr. Juan Garcia of Colowyo Coal Company was contacted via cell <br />phone. Mr. Garcia provided the Division with the gate combination. Due to the lateness of the afternoon and the <br />limited light remaining, it was decided to pause the inspection at this point and resume the inspection on Friday, <br />November 19'". <br />On November 19, 2004, Sandra White, Henry Austin, Brad Barker, Dan Hernandez and Janet Binns met at the <br />RAG-EC/BTU-Empire access gate on Moffat County Road 30. Ms. White did not accompany the inspection any <br />further. Weather was cold and very foggy. The inspection progressed along the operator's right-of--way and onto <br />the Barker property at the north end of the SE '/< of Section 25, T92 W, R6N. <br />Page _4_ of _1$_ Pages, (date) 12/07/04 , (initials) ihb <br />