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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. General Comments This was a complete quarterly inspection of the mine site and office records, conducted by Dan Mathews of the DMG Grand Junction Field Office. Tonya Hammond, SCC owner representative, was present during a portion of the field inspection during the morning, and during records check at the end of the day. There was no activity at the mine site during the inspection. Ms. Hammond indicated that a contractor had been scheduled to perform maintenance work in various locations next week. Weather was clear, dry and very warm during the field inspection; ground surface was dry in all areas. Winter annuals such as cheatgrass, stork's bill, and annual mustards have seeded, died, and cured out. Availability of Records Required records were on file and up-to-date through the 1st Qtr., 2007. Roads Permitted roads and associated structures have generally been maintained in satisfactory conditions, with only a few minor problems were evident. Maintenance is warranted along a short segment of HR-4 road ditch, at the middle Coal Creek Crossing, where flow has escaped the ditch and caused tilling down the short fill slope adjacent. The ditch needs to be graded out to direct flow to the end of the fill at the design outlet location. Also, a segment of road ditch in the UTL area, in the immediate vicinity of the coal stockpile bench has silted in with coal fines and requires maintenance. The ditch segment that has silted in extends along the inside of the road from beneath the covered conveyor for approximately 200 feet to the south, along the northeast toe of the stockpile bench. Hvdrolooic Balance Drainage and sediment control structures were in general properly maintained and functional. Silt fencing and berms at the various small area exemption sites were for the most part intact and functional. Sediment ponds were dry, with the exception of Pond 182 at the UTL, which contained a shallow puddle at the south end. All of the ponds and SAE sumps appeared to have adequate storage capacity, with no problems evident. Sediment excavation at the CBA-1 SAE sump was properly completed during the inspection. Drainage and diversion ditches and permanent diversion segments were in most cases in good condition, generally unchanged from recent inspections as there have been no significant runoff events since last summer. CRDA-2 upper diversion outlet repair was completed earlier this spring. Minor maintenance is warranted at the following locations • One silt fence at 2-West Portal wind damaged and needs to be replaced; • Silt fence at S. Fan Borrow Area damaged atone end and requires maintenance; • Lower silt fence at B Substation site wind damaged and needs to be replaced; • Build-up of water bar near the lower end of the temporary road up CRDA-2 dust up-gradient of the culverted crossing of the perimeter collection ditch) is warranted; • Perimeter collection bermlditch just inside the gate to the North Portal area was worn down by equipment traffic associated with recent substation transformer removal, and needs to be restored to original condition. • Flex pipe on top of the RSRDA refuse area installed to drain a small low spot has been smashed down and punctured near the inlet end, and needs to be repaired or replaced. 3