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III. COMMENTS -COMPLIANCE Colowyo C-1981-019 28 November 2006 Pg 1 /4 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 was a partial inspection of the Colowyo Mine conducted by Jim Stark of CDRMS. The inspection was conducted on 28 November 2006. Tony Tennyson accompanied me on the inspection. Tay Tonoai and Kurtis Blunt were also present on the morning of 28 November 2006 to discuss the progress of several outstanding revisions (TR-63, TR-66 and PR-02). We discussed due dates and where both the Division and Colowyo were on adequacy reviews and responses to those revisions. We did not discuss any particular questions or responses during the discussions. The mine was actively mining coal and hauling coal to the loadout at the time of the inspection. A train was being loaded on the afternoon of 28 November 2006. The weather was cold and snowing and the ground was covered with approximately six inches (or more) of snow. No documents were hand-delivered at the time of the inspection. all of the necessary information. Roads: -The access road and haul road to the Gossard Loadout is a paved road. The road was well maintained and in good condition. There was some snow on the road but the operator was doing a pretty good job keeping the road clear. -The light-use road in Taylor Draw to the West Pit and East Taylor was inaccessible due to snow at the time of the inspection. -The haul roads in the East and West pit areas were all well maintained and stable at the time of the inspection. The roads were covered with snow so there was no problem with fugitive dust at the time of the inspection. The operator was continually working on snow removal on the haul roads. No erosional problems were noted on these roads. -The light-use roads around the Gossard Loadout and to the rail loop were well maintained and in good condition. These roads were also covered with snow and the operator was doing a good job keeping them cleared. -The roads to and around the Section 16 Pit and pond were not accessible at the time of the inspection due to snow. - The roads in the West Pit for access to the highwall miner and Bower project were all well maintained and appeared to be stable at the time of the inspection. These roads run along the west edge of the West Pit and up to the top of the section 16 Pit on the west side. These roads were also covered with snow. No erosional problems were noted on these roads at the time of the inspection. Hydrologic Balance: - In Section 4 of the West Pit, where the highwall miner began operating, there was a very large impoundment of water due to the large amount of precipitation the mine has received in the last few months. This impounded water had completely covered the coal stockpile from the highwall miner at the bottom of