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III. COMMENTS - COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of <br />observations made during the inspection. Comments also describe any enforcement <br />actions taken during the inspection and the facts or evidence supporting the <br />enforcement action. <br />This was a partial inspection conducted by Tom Kaldenbach of the Colorado <br />Division of Minerals and Geology. Mitch Rollings of the OSM jointly <br />conducted an oversight special focus inspection on the topic fish and <br />wildlife. Richard Cox and Ed Conkle represented the operator. With the <br />operator's consent, this report was not issued in the field. <br />The site was very dry due to a prolonged statewide drought. <br />The longwall was active in panel 14 Right. <br />Fish and Wildlife <br />The following items were inspected. <br />1. Fish and wildlife mitigation plan - Pages 2.05-124 through 2.05-127.1 <br />of the permit application contain the plan. We reviewed the plan and <br />found no deficiencies. <br />2. Raptor protection - The plan calls for design and construction of <br />powerlines in accordance with REA Bulletin 61-10. Bulletin 61-10 <br />suggests that where electrocuted birds are found, conductor and ground <br />wires should be adequately spaced on poles to protect raptors. We <br />checked numerous power poles in the permit area for dead birds and <br />compliance with the Bulletin. Special attention was given to poles <br />with three-phase lines or transformers. No dead birds were found. Out <br />of several dozen poles inspected, a few had perches that had either <br />fallen over or had fallen off the pole. Also, a few poles appeared to <br />have powerlines too near the top of the pole to allow safe roosting, <br />although the Bulletin may not require greater spacing unless dead <br />birds are found. Given this uncertainty of compliance of some of the <br />poles and the disrepair of some of the perches, the Division requests <br />that the operator assess the need for: <br />a) altering certain poles so that conductors or grounds are an <br />adequate distance from the tops of poles; <br />b) repair or replacement of perches, where needed. <br />This assessment would be conducted in consultation with the Division, <br />and would include a survey of powerpoles in the permit area and a <br />review of raptor protection publications that are newer than Bulletin <br />61-10. <br />3 <br />