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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 and <br />Geology. Tom Bird and Dan Meadors represented the operator. With the operator's consent, this report was <br />issued from the Denver office of DMG. <br />The mine was active with trucks being loaded in the stack tube area. The ground was dty. <br />Availability of Records <br />All required records were available (see attached list). <br />Siens and Markers <br />A mine i.d. sign was properly displayed at the entrance to the site. Disturbed area boundary markers <br />were in place around the perimeter of the facilities area. <br />Roads <br />The mine entrance haul road was well maintained. <br />Hydro[oaic Balance <br />Ponds. The east and west ponds were dry. Embankments and inslopes of both ponds were in good <br />shape. The primary and secondary spillways appeared in good condition on both ponds. The west <br />pond was cleaned out in 2005 and has adequate sediment storage capacity. The east pond contains <br />sediment but appears to have adequate capacity. <br />Ditches. The rock-lined 100-year clear-water ditch on the east side of the facilities area was in good <br />shape. The Swale in the haul road and the Swale on the east side of the east pond were in place. <br />Sediment traps on the west side of the main haul near the mine entrance were in good shape. <br />Processin¢ Waste <br />The waste pile showed no evidence of structural instability. The top surface of the pile was dry and it <br />slopes gently to the rear of the pile, as designed. The face of the pile was not excessively gullied. A <br />few pieces of non-coal waste were on top of the pile, and the operator's representative explained it <br />would be removed. <br />Sunnort Facilities <br />Fuel tanks in the surface facilities area showed no signs of leaks or spills, and have adequate spill <br />barriers in place. No problems were found in the surface facilities area. <br />General Mine Plan Compliance <br />