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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 partial inspection of the Hamilton Coal Mine was conducted by DMG staff from the Durango Field Office, 701 Camino del Rio, Room 125, Durango, CO 81301, phone (970) 247-5469. The operator has commenced final reclamation. No activities were observed; no individuals were contacted during this inspection. This inspection focused on the abatement actions required under Notice of Violation CV-2005-001. Seven photographs accompany this report. Inspection Topics Related to CV-2005-001 CV-2005-001 was issued on February 1, 2005, for failure to construct and/or maintain the embankment for Sediment Pond B as necessary to ensure the integrity and stability of the pond embankment. Details of the failed embankment are provided in the Division's inspection report generated from the January 26, 2005 inspection of the Hamilton Coal Mine. Abatement actions required under CV-2005-001 were to excavate the failed portions of the embankment and reconstruct the embankment in accordance with approved designs and the applicable requirements of Rules 4.05.6, 4.05.9(1), 4.05.9(6), and 4.05.9(7), and submit a P.E. Certification of the reconstructed embankment in accordance with Rule 4.05.9(14) to the Division by February 22, 2005. According to the operator, repairs for the embankment were completed on February 4, 2005. The Division received the certification on February 16, 2005, and conducted this inspection on the following day. Repairs to the embankment for Sediment Pond B included replacement of the previous primary spillway pipe with a 6-inch diameter PVC pipe, with valve to control discharge. Pond B was holding water. Elevation of the impounded water appeared equal to the inlet elevation for the newly installed primary spillway. No discharge was observed from the primary spillway. The trench, excavated during removal of the old spillway pipe and installation of the new spillway pipe, had been backfilled and graded to blend with existing contours of the embankment. Backfilled and graded areas appeared stable, evidence of settling, slumping or erosion was not observed. The open channel emergency spillway appeared unaffected by the repair activities. Therefore, the operator has completed the abatement actions required under CV-2005-001. Inspection Topics Not Related to CV-2005-001 Mine identification sign and permit boundary markers were posted. Soils conditions ranged from moist to muddy due to seasonal snow melt. Mine access roads were well maintained. Pond A was holding water. Elevation of the impounded water was approximately 6 inches below the inlet elevation of the primary spillway; no discharge through the primary spillway was noted. Drawing 117A indicates that the primary spillway is a 4-inch pipe with valve to control discharge. The rock and geotextile lining for the open channel emergency spillway was intact and well maintained. No evidence of discharge through the emergency spillway was observed. Pond embankment appeared stable, no evidence of slumping, settling or erosion was observed. No problems or violations were observed during the inspection.