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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 a complete inspection conducted by Joe Dudash of the Colorado DRMS. Jim Kiger represented the operator during the field inspection and records check. There was no coal handling activity on site. Roads The paved haul road was in very good condition. The guard rail was in place. The graveled access road on the east side of the loadout was in good condition as well. The east side gate was open. The dirt light use road along the railroad tracks was dty and passable. Signs and Markers The mine ID signs were up at the main entrance, east entrance and along the road near the railroad tracks. The required information was on the signs. Permit boundary markers were up around the permit area. Facilities There were no problems at the mine office and shop area, the substation, material storage area, facilities bench and the railroad loading facilities. There were no fuel leaks at the fuel facility. The operator recently moved a pile of coal refuse to the Oxbow coal waste pile. During the inspection, no coal haul trucks unloaded and no railcars were loaded. There were a few loaded railcars on site. However, there were no indications of any fugitive dust going offsite nor any signs of coal dust on the main highway. Hydrology Both of the sediment ponds were dry. Discharge structures on both ponds were functional. The gated valve on the east side pond was in the closed position. The inslopes of both ponds were stable. The embankment of the east pond was well vegetated. The west side pond outslope was sparsely vegetated. Culverts were clear and the collection ditches had been recently cleaned out. Silt fence and straw bales were in place along the track small area exemption. The operator will replace the straw bales and silt fence shortly. Topsoil The east side topsoil stockpile was well vegetated, although the vegetation was taming brown due to the lack of precipitation. The collection ditch and the diversion ditch for this topsoil stockpile had sufficient capacity. The topsoil sign was up. The vegetative cover on the west side topsoil stockpile was also beginning to brown, The collection/diversion berm was functional and the topsoil sign was up. Records The required records were at the mine office, as documented on the attached records checklist c: /word/terror/ i n sp 0 707