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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 of evidence supporting fhe enforcement action. Colowyo Coal Company, L.P. (Colowyo) representatives Kurtis Blunt (Blunt) or Crellin Scott (Scott) accompanied Byron G. Walker (Walker) during this inspection. Mr. Henry Austin (Austin) of the Office of Surface Mining (OSM) was also in the inspection party. This inspection was an OSM oversight inspection. An inspection debriefing was conducted with the foregoing personnel and Bob Young and Keith Haley of Colowyo. Field inspection findings as reported herein were discussed with Scott at the close of the inspection, and with his concurrence, this report was prepared in, and issued from, the Division of Minerals and Geology (Division) offices in Denver. Pictures included in the report are on electronic file at the Division, and will be provided to Colowyo (Scott) upon request. Items of concern identified in previous inspections include: • the filing of a pre-blast survey (27 Sep 2004 inspection). See the discussion under Availability of Records and the attached records inventory sheet. • the maintenance of haul road culvert M (3 Jun and 27 Sep 2004 inspection reports). See the discussion under Roads below. • the accumulation of sediment in the Rail Loop Pond (27 Sep 2004 inspection report). See the discussion under Hydrologic Balance below. • the accumulation of sediment in the Gossard Loadout Pond (27 Sep 2004 inspection report). See the discussion under Hydrologic Balance below. • the drilling of a new water supply well (Division of Water Resources Permit 61171). See the discussion under Support Facilities below. • the updating of the Permit Application Package (PAP) list of Colorado Department of Public Health and Environment (CDPHE) discharge permits (27 Sep 2004 inspection report). See discussion under Hydrologic Balance below. • a revision to the PAP, if warranted, regarding permitted hunting within the permit area (27 Sep 2004 inspection report). See discussion under Fish and Wildlife below. • work on the 2004 raptor protection plan. See discussion under Fish and Wildlife below. • the protection of topsoil stockpile 16D (27 Sep 2004 inspection report). See the discussion under Topsoil below. • the testing of topsoil,See discussion under Topsoil below. • the control of weeds (thistle) at Stockpond I and (houndstongue) in upper Taylor Creek (27 Sep 2004 inspection report). Re-inspection has been scheduled for the Spring O5. AVAILABILITY OF RECORDS See the attached records inventory sheet. Apre-blast survey was not found on file during the 27 Sep 2004 inspection. This report was found on file during this inspection. See the attached records inventory sheet. SIGNS AND MARKERS Mine and permit identifications signs, blasting signs, and topsoil mazkers were found in compliance with the rules. Perimeter mazkers at Colorado Highway 13 crossings, and at the northwest corner of the permit azea, were inspected and found to be in place and in good repair. Page 3 of 7 pages, 2 November 2004, BGw