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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the inspection <br />and the facts or evidence supporting the enforcement action. <br />This was a partial inspection conducted by Kent Gorham of the Colorado Division of <br />Reclamation, Mining, and Safety (Division). This mine is a multi-seam surface operation that <br />mines 5-6 million tons per year. The main focus of this inspection was the regraded portion <br />of the East Pit in the Prospect Ditch watershed. The inspection began at the mine office <br />after safety training and certification at the guard shack. Tay Tonozzi represented Colowyo <br />Coal Company during the inspection. Ground conditions on this day were dry and the <br />weather was breezy and mild. <br />Roads <br />The paved portion of the main haul road appeared in excellent condition, free of dirt, dust, or <br />coal fines. In-pit hauling of coal was generating a significant amount of dust due to the water <br />truck being out of service on this day. The operator should take necessary measures to limit <br />fugitive dust should dry conditions and equipment issues persist. <br />Hvdroloaic Balance <br />Aerial photos taken in May 2006 indicated the appearance of a seep a short distance uphill <br />from the undisturbed area in the regraded portion of the Prospect Ditch watershed. Prospect <br />Ditch will be a reconstructed drainageway in the north portion of the former East Pit directly <br />above the Prospect sediment pond that lies to the east and adjacent to State Highway 13. <br />On this day, two seep areas were clearly visible on a regraded slope, one in the same area <br />as noted in 2006 and another about 100 feet upslope and slightly to the north. Conductivity <br />was measured using a digital pen meter accurate to within the nearest 100 umhos/cm. An <br />initial reading at the lower seep returned a value in excess of 9700 umhos/cm but may have <br />been compromised by elk activity. A second reading near the daylight area of the lower seep <br />returned a value of 6700 umhos/cm. Another measurement was taken at the second, higher <br />seep and that value was also 6700 umhos/cm. Flow at both was estimated less than one <br />gallon per minute. Amore significant flow was noted below the sediment control ditch but <br />was not measured due to steep slope and access issues. It is likely that a spoil aquifer is <br />developing in this area and seeping through a short distance of undisturbed strata before <br />daylighting and flowing to the Prospect pond. <br />The aerial photographs below document the recent development of this seep. The <br />photograph on the left was taken in May 2006 and shows three saline seeps low on the <br />regraded slope near the undisturbed boundary. The photograph on the right was taken on <br />April 26, 2007, the day before this field inspection. Two seeps are clearly visible, one now <br />much higher on the slope. This may indicate a larger and more expansive saturated area in <br />2007 as the spoil aquifer develops with the passage of time. <br />3 <br />