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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the inspection <br />and the facts or evidence supporting the enforcement action. <br />This partial inspection of the King Coal Mine was conducted by DRMS staff from the Durango Office, <br />701 Camino del Rio, Room 125, Durango, CO 81301, phone (970) 247-5469. Operations were active <br />during the time of the inspection. Cliff Sandlin accompanied the DRMS inspector throughout the <br />inspection. <br />This inspection focused on the sediment containment system for the King Coal 1 mine. The sediment <br />containment system appeared to be functioning as designed; evidence of affected area drainage <br />escaping the area prior to treatment was not observed. However, sediment clean out for all sediment <br />sumps and ponds may be necessary prior to the winter season to ensure sufficient capacity of the <br />system prior to spring snow melt. Two photos accompany this report. <br />The large sediment pond was holding water near the outlet end of the pond. Water depth was visually <br />estimated at 12 inches. The embankment appeared sufficiently vegetated to stabilize the surface of <br />the embankment with no evidence of seepage, slumping or erosion. The minor infestation of White <br />top and mustard weeds on the embankment, previously identified in the Division's report generated <br />from the May 31, 2007 inspection, appeared to have been recently treated. Primary and secondary <br />spillways appeared clear and functional with no discharge noted. The large sediment pond receives <br />affected area drainage.from the majority of the yard areas, which includes the portal, coal stockpile <br />and processing areas, and refuse disposal pile. Significant sediment had been deposited in the pond <br />from recent precipitation events. <br />The small sediment pond was holding water approximately 6 inches deep. The embankment <br />appeared well vegetated and stable with no evidence of seepage, slumping or erosion. Primary and <br />secondary spillways appeared clear and functional with no discharge noted. A minor occurrence of <br />Russian knapweed was observed at the open channel secondary spillway. Affected area drainage is <br />routed from the lower yard area to the small sediment pond by a sediment containment berm across <br />the entrance road. The sediment containment berm appeared intact and functional. <br />Drainage from the short portion of the mine entrance/haul road located outside of the sediment pond <br />treatment area is treated for sediment by three small sediment traps with filter fabric. All three <br />sediment traps for the entrance road appeared to be functioning as designed but nearly filled with <br />sediment and drainage. Magnesium chloride had been recently applied to the entrance road. <br />The sediment sump for the east upland diversion ditch had been filled with sediment to within 12 <br />inches of the top of the sump. The sediment sump for the east diversion ditch traps sediment from the <br />undisturbed uplands prior to leaving the site. The sediment sump for the east diversion d'+tch is not <br />part of the sediment containment system for affected lands, but provides sediment containment for the <br />clean water diversion prior to discharge onto neighboring hay fields. Sediment clean out of the sump <br />appears critical if the sump is to continue to function as designed. A minor occurrence of Russian <br />knapweed was observed at the outlet of the east upland diversion ditch. <br />