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III. COMMENTS -COMPLIANCE Colowyo C-1981-019 16 November 2005 ~~ Pg 1/5 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 complete inspection of the Colowyo Mine conducted by Jim Stark of CDMG. The inspection was conducted on the afternoon of 16 November 2005 and all day on 17 November 2005, Juan Garcia and Kurtis Blunt (morning, 17 November 2005} and Tay Tonozzi accompanied me on the inspection. The mine was actively mining coal and hauling it to the Loadout at the time of the inspection, The weather was cold and snowing and the ground was wet and covered with snow (obviously). The afternoon of 16 November 2005 was spent checking the records and discussing ongoing and upcoming revisions. We discussed the remaining items Colowyo needs to submit for Minor Revision 74 (which was submitted in September 2005) based on the Division's 23 September 2005 preliminary adequacy letter. We also discussed the reclamation cost estimate and the questions that arose that were contained in the 2005 Midterm Review. It appears as though a tremendous amount of work went into this estimate and the supporting documentation. These documents, which will be submitted as Technical Revision 61, were hand delivered at the time of the inspection. There were also some updated maps, again based on the 2005 Midterm Review, which will be submitted as Minor Revision 75. These maps and minor revision forms were also hand delivered at the time of the inspection. Finally, we spent a fair amount of time discussing the new post-mining topography that the operator will be submitting (probably as Technical Revision 63), also in response to 2005 Midterm Review questions. Along with Technical Revision 62 (topsoil replacement depths), which is currently under review by the Division, these revisions should take care of all but fwo or three of the 2005 Midterm Review questions. The remaining questions deal with the scoria pit and piezometers and we discussed a plan of attack for these items. Availability of Records: All of the necessary records were available in the Colowyo office. See the records checklist at the end of this inspection for more detailed information. Signs and Markers: All of the necessary signs and markers were in place and in good condition. These included mine ID signs at the mine entry and at the ponds along CO highway 13, permit boundary signs, disturbed boundary signs and topsoil stockpile signs, Roads: -The access road and haul road to the Gossard Loadout is a paved road, The road was well maintained and in good condition. -The light-use road to the West Pit and East Taylor ponds was well maintained and in good condition.