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_. III. Comments - Compliance Below are particular issues with regard to any of the above complianc~a items. Enforcement actions resulting From failure to comply with the Act, Rules and Regu.(ations, and the permit also are identified below. Availability of Records Records were not available at the mine office. Apparently, the majority of the permit documents are located at the office in Gunnison. The operator was informed that these documents, specifically the permit approval document, the Federal lease, the SCS reclama- tion plan, the water monitoring analysis data, the NPDES permit and the engineering certification for the sediment pond, should be available at the mine site. The operator indicated that these documents were in the process of being moved to the mine office. Signs and Plarkers The permit area is fenced, but not signed. The operator indicated that permit boundary signs would be erected. Hydrologic Balance The berm below the coal loadout is breached at a low spot near the center of the berm. Because of the small drainage area, little damage was observed on tF~e slope below the berm, but this breach must be repaired. Mr. McCormick stated that he was planning to fill the low spot in front of the wash- out and repair the berm that day. A N.O.V. was not written for this problem for the following re<~sons: 1. The drainage area of the watershed passing through the bre+jched area was small, perhaps a few thousand square feet, and no water was observed flowing through at the time of the inspection. 2. Damage to the land surface below the breach consisted of a gully less than one foot deep and extending approximately 15 or 20 feet across the surface, The mine was in operation prior to the implementation of the Colorado permit system. Drainage was probably occurring across the area below the loadout prior to the construction of the berm. and sediment pond. Therefore, there is some question as to how recently the observed gully was formed. 3. The area downslope from the breach extends about 200 feet downhill. At that point, any surface flow is collected in an interceptor ditch and diverted into a sediment pond. Therefore, no off-site drainage occurs as a result of the breach.