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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 complete quarterly inspection of the mine site and office records. Site inspection was conducted September 8 and the morning of September 9. Office records were checked on the afternoon of September 9. Tonga Hammond of SCC was present during portions of the inspection on 9/8. Jim Stover was present during the records check at the offices of J.E. Stover & Associates. There had been significant rainfall at the site on Saturday, September 4. Tonga Hammond reported between 1" and 1.2" at various permit area locations. There were low intensity showers that lasted most of the day on 9/4, and it appeared that most of the precipitation had soaked into the soil, with minimal runoff generated from the reclaimed areas and small watersheds in the immediate mine vicinity. Larger ephemeral drainages including Coal Creek, Coal Gulch tributary to Coal Creek, and the North Decline drainage showed evidence of moderate flows, but flows had ceased by the time of the inspection. Prior to the rains, the summer had been unusually dry. June, July, and August of 2004 was the second driest on record for the three month period in the Grand Valley. Weather at the time of the inspection was clear and mild. Soils were moist, muddy in some low spots. Availability of Records Required records were on file and up-to-date through the 2ntl quarter, 2004, with one exception. The Insurance Certificate on file in the Records Book at the mine office had expired in July 2004. The current Insurance Certificate needs to be placed on file at the mine office promptly, and documentation provided to the Division. Roads Permit area roads and associated drainage structures appeared in general to be properly maintained and functional. Some sediment accumulation was noted in the road ditch extending from the lower segment of H.R. 5, around the corner at the H.R. 4 intersection, extending down to the ditch relief outlet to Coal Creek near the double culvert inlets. Maintenance is warranted on this ditch segment. Hydrologic Balance Most sediment ponds and SAE sediment sumps were somewhat muddy, but contained no standing water, and there appeared to have been minimal sediment deposition from the storm event. There were shallow puddles in the inactive evaporative cells at the loadout. Ponds and sumps inspected included Pond 1 &2, Pond 6, Pond 7, Pond 8, Pond 9, Pond 10, Pond 11, Pond 13, Sump CBA-1, and the two SAE sumps at the North Decline Area. None of the ponds had discharged. Coal Creek, Coal Gulch, and the North Decline reclaimed channel had flowed in response to the rains. Flow appeared to have been modest. In the relatively level channel cross sectior