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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 was a partial inspection conducted by Kent Gorham of the Colorado Division of Minerals and Geology (CDMG). This coal operation is currently under a temporary shutdown due to market conditions. Ground conditions were dry and access was good to all areas. Eric Addington of Lorencito Coal Company was present at the mine office on this day but had other obligations and did not accompany me during the inspection. Roads The access road to the loadout area, the Lorencito Canyon haul road, and the Jeff Canyon haul road were inspected. Surfacing on ali roads was good with adequate gravel and a general lack of ruts or rough areas. Crowning of the road along the center line was visible in most areas. On the Jeff Canyon haul road, some of the inside road ditches should be re-bladed to ensure drainage stays in the road ditch and moves to protected downdrains or cross-relief culverts. If culverts or pipes are necessary on other sections of this road, please ensure the proper permitting is completed. Hydrologic Balance Pond 005 in Cow Canyon was traversed on-foot. This pond is the latest pond to be constructed. The pond appears to be complete in accordance with the approved design. It held a small amount of water that was frozen. If the pond is complete, please conduct and submit the as-built certification to the Division. Pond 9 was inspected. Silt fence has been added parallel to the embankment on the north side to assist in controlling minor embankment erosion until vegetation is established- The pond held water some 12-18 inches below the lowest hole in the riser. The water appeared somewhat murky, indicating relatively recent runoff. A trash rack has been added to the top of the riser. Pond 9A was visited and was dry. A trash rack has also been added to the riser at this pond. Pond 8 was also inspected and held a small amount of water in the south end of the pond. In the upper portion of the watershed near the pit, a ditch has been established to direct flow from the west toward the east where it intersects the road leading to the pond and the gas well on the ridge. This ditch crossing with the road should be improved so that storm runoff will not flow north down the road where it could go offsite. The gas company may have bladed to road to access the well and eliminated this crossing. Please reestablish this 3