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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 complete inspection conducted by Joe Dudash of the Colorado DMG. Bill Bear <br />represented the operator. <br />Hydrology <br />The operator is still cleaning out pond C. The water level in the pond was up to the primary <br />discharge tube. The water level in pond D was also up to the discharge tube. The was only a little <br />water in pond B. The operator will be cleaning out pond B soon. None of the ponds were <br />dischazging. Pond spillways were operational. Gated primary valves were closed. Pond <br />embankments were stable. Pond inslopes and outslopes had no erosional gullies. <br />At the train loadout construction site, ponds J and K are nearing completion. There was no water <br />in either pond. The short culvert section that had been covered over by the outer portion of the <br />embankment of pond J was removed. <br />Collection ditches and diversion ditches all had sufficient capacity. Ditch riprap was in place. <br />Culverts were clear. Straw bales and silt fence were functional. The straw bales at the railroad <br />culvert inlets were in place. However, the straw bales at the entrance to the mine site will need <br />replacing soon. Also, a few sections of the silt fence at the Freeman Gulch fan site need some <br />repair soon. <br />The spring on the west end of the water tank bench was flowing a little. The water was dazk <br />orange in color. There was a flowing spring along the side of the road on the way up Freeman <br />Gulch. <br />Roads <br />The paved mine site haul road was in excellent condition. The guard rail was in place. The gob <br />pile haul road was in very good condition, as well. The road was being watered during the <br />inspection. The gob pile haul road berm was functional. The access road up to the water tank <br />bench was in good condition. The road up Freeman Gulch was dry and passable. The Freeman <br />Gulch road gate and fan site gate were locked. <br />