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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 />The inspection continued on foot in the SE '/< of Section 25. Correlation with Liability Release Area Map I <br />indicated that this location (Mr. Austin's GPS reading N40°26 275, W 107°39 985) overlies 2nd West 1 ~' North <br />panel. Mr. Bazker and Janet Binns walked to the topographic features located in the area Mr. Barker referred to <br />as "the canyon". The "canyon" is appazent on the topo maps of the area (E %, SE '/a Section 25). Mr. Bazker <br />showed me two appazently backfilled features, feature no. l4 (photo 12) and feature no.15 (photo 13). Feature <br />no. 14, consisted of a backfilled slope that had fair vegetation established and approximately 18-24 inch tall <br />sagebrush well established on it. No signs of recent slumping were noted nor were any erosional features <br />apparent. Correlation to the Liability Release Area Map # 1 indicates that feature no. 14 is north of the 4`h West <br />panel and is outside of the underground workings affected area. Feature no. 15 (photo 13) was slightly northeast <br />of feature no. 14. Feature no. 15 appears to be north of the underground workings and the projected angle of <br />draw (Mr. Barker's GPS of feature no. 15: N40°26'26.4", W 107°39'46.8", elevation 6279). Feature no. 15 <br />consists of asemi-circular scarp and slump. The east side of feature no. 15 appears to have been graded to a <br />stable slope with no sign of active movement. Vegetation on this slope consists of grasses and 2-foot tall <br />sagebrush. No gullying is apparent on this slope. The location of feature no. I S corresponds to a point <br />immediately above an outcrop of the Middle Sandstone. <br />Mr. Hernandez and Mr. Austin walked areas overlying 2"d West 1 s' North mains and Z"d West mains. No surface <br />features consistent with subsidence were observed overlying these areas. The inspection continued along the <br />two-track road southeasterly towards the Twenrymile Sandstone outcrop, to an area overlying the 1 ~` Left panel. <br />Permit Map 23, "Eagle No. 5 F Seam Workings", shows the l~' Left panel as having had pillar extraction during <br />the mining process. A crack in the Twenrymile Sandstone outcrop was noted as feature no. 16 (Mr. Austin's <br />GPS reading: N40°26 005, W 107°39 922.2, elevation 6486; Photos 14 and 15). A measuring tape lowered into <br />the crack measured 9 -12 feet prior to encountering material in the crack. This crack extends approximately 100 <br />feet in a direction of S28°E. A photo of the natural jointing of the Twentmile Sandstone outcrop was taken <br />(photo 16). <br />Feature no. 17 (photos 17, 18 and 19) was encountered adjacent to the two-track road, within the Twenrymile <br />Sandstone outcrop overlying 1 ~' Left panel. Feature no. 17 consists of both a hole (Photo 17) approximately 3 feet <br />in diameter by approx. 5-6 feet deep and a crack (photos l8 and 19) extending roughly 120-150 feet in a S32° W <br />direction through the outcrop. The hole was located within ] 0-15 feet uphill of the two-track road. According to <br />Mc Barker, a hole in the road (no photo available) caused by feature no. l7 had been filled in with rock by Mr. <br />Barker. <br />Feature no. 18 (Photos 20 and 21) was located approximately 50 feet N45° W from feature no. 17. This feature is <br />a crack oriented parallel to feature no. 17 extending roughly 120-I50 feet, with a width of less than 6 inches, and <br />an estimated depth of 5 feet. Another crack (feature no. 19; no photo available) was located approximately 50 <br />feet N45° W from feature no. 18. This crack was approximately 10 feet in length and 3-4 inches in width. <br />Areas overlying 2"d West panel were walked to look for evidence of surface effects of subsidence. This area was <br />in T6N, R92W, in the SE'/4 SW '/4 Section 25 and NW '/<NW '/< Section 36. No surface cracking, troughs, or <br />holes were encountered in this northwestern extent of the workings area. <br />The inspection continued down to the southwestern extent of the workings in T6N, R92W, in the NE '/a SE '/a of <br />Section 35 and the NW '/a SW '/a of Section 36. A cell phone tower and possible railroad structure (feature no. <br />20; no photo available) have been erected west of the western edge of Mr. Barker's property. A power line is <br />connected to both structures. Mine Structures Map 25 needs to be updated to show these structures. The <br />Page -5- of _13_ Pages, (date) 12/07/04 , (initials) jhb <br />