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III. COMMENTS - COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations <br />made during the inspection. Comments also describe any enforcement actions taken during <br />the inspection and the facts or evidence supporting the enforcement action. <br />This was a partial inspection conducted Kent Gorham of the Colorado Division of <br />Minerals and Geology (CDMG). This coal operation is currently under a temporary <br />shutdown due to market conditions. However, significant reclamation work has been <br />conducted during the idle period. The weather was clear and ground conditions <br />were wet and muddy in places. <br />Roads <br />The outslope of the lower portion of the Jeff Canyon haul road has been regraded <br />and covered with subsoil material. The surface of this road was in good condition <br />and holding up well during recently wet conditions. The operator had also cut a <br />ditch below the outfall of the second culvert from the bottom of the Jeff Canyon <br />haul road. This ditch diverts runoff from the culvert to the south and prevents <br />flows from accumulating at the intersection of the Jeff Canyon haul road and the <br />Lorencito Canyon haul road. <br />Hydrologic Balance <br />All ponds were holding water due to recent and persistent rainfall and runoff. <br />None of the ponds were found discharging and the operator indicated that none had <br />discharged due to the recent storm runoff. Perimeter ditches D76 and D86 require <br />some maintenance to ensure function due to sediment buildup and sloughage from the <br />cut slope of the ditch. A culvert may be necessary along ditch D86 to facilitate <br />the road to the existing gas well. <br />Backfillin4 and Gradi <br />Major backfilling and grading was ongoing in the saddle area between Fill 7 and <br />Fill 8. At the time of the inspection, dozers were down for maintenance. The <br />first three terraces benches of Fill 8 have been roughed in. The operator has <br />regraded areas above Fill 8 and to the west above the fill. Consideration of <br />final drainage and how the approved permanent road pass through this area and <br />affect the drainage will be necessary in conjunction with continued work in this <br />area and the pending permit renewal. <br />3 <br />