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'r <br />• <br />II, Compliance with Colorado Surface Coal Mining Reclamation Act <br />CRS 1973, as amended 34-33-IO1, et. se ., <br />and the <br />Rules and Regulations Issued Pursuant to the Act <br />This includes a listing of the particular provisions of the regulatory program which were <br />examined during the course of this inspection, and identifies enforcement actions taken <br />during the inspection for failure to comply with the Rules and Regulations, the Act and <br />the permit. <br />4.02 All signs and markers were in compliance with CMLR regulations. <br />4.03 The only existing road on the site is a county road which is exempted from <br />CMLR regulations. - <br />4.04 Support facilities are in compliance by virtue of the sediment containment <br />facilities which contain the disturbed area. Damage to fish and wildlife <br />and diminution or degradation of water quality and quantity are minimized <br />by the facility design. <br />4.05 The hydrologic balance with respect to the disburbed area at the mine is <br />essentially maintained through compliance with a well-designed and maintained <br />sedimentation pond and diversion system. <br />Some material has sloughed into the ditches however, these ditches should be <br />kept clear of material. Ditches should also be kept clear of equipment <br />(i.e., corrugated pipe, etc.) which may decrease their capacity. Culverts <br />should be periodically cleared of vegetation (i.e., tumbleweed) and other <br />obstructions. <br />4.06 Because the face up and disturbed area were impacted by mining prior to <br />current regulations, no topsoil has been stockpiled. No further disturbance <br />is expected therefore no future stockpiling is planned. <br />4.07 Underground openings (portals) are not sealed because they still provide <br />access to the coal. <br />4.08 No blasting is occurring at the mine. <br />4.09 What little development waste is generated is being disposed of in the mine <br />workings. <br />4.12 There was a concern whether the face up excavation should be seeded to <br />improve stability. Dave Canning said he would be willing to try it but <br />he didn't think it would do much good. Some small slides and sloughs were <br />evident. This issue can be resolved during the permit review process. <br />