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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 partial inspection conducted by Kent Gorham of the Colorado Division of Minerals and Geology (Division). The purpose of the inspection was to visit an area of proposed expansion of this underground mine referred to as South of the Divide (SOD). This area would increase the permit area by about 5250 acres and subsidence would affect an area within this expanded permit area of about 2600 acres. The permit revision application (PR- 10) is currently under review by CDMG. Included in this area is Minnesota Reservoir, which captures and stores runoff from the Dry Fork of Minnesota Creek watershed and the Deep Creek Diversion Ditch. Mining of the E-seam is proposed in this area in overburden cover ranging from 375 feet to more than 1200 feet. Weather and ground conditions on this day were excellent. Henry Barbe and Chris Hanson represented Mountain Coal Company. Roads Access to the area is generally good with a narrow, relatively unimproved road up the Dry Fork valley. The road surface is generally unimproved for most of its length, and when wet, may be difficult to travel. The US Forest Service manages most of the land in this area. Hydrologic Balance We began the inspection at Minnesota Reservoir. This reservoir is owned and operated by Minnesota Reservoir and Canal Company. The embankment height on the dam, sometimes referred to as Monument Dam, is reported to be 75 feet. That appeared to be an accurate measurement. The reservoir was dry with a small channel of water flowing across the bottom of the reservoir to the discharge pipe where it was exiting. At least two piezometers were noted in the embankment. The emergency spillway for the reservoir is located on the south side and has a considerable amount of freeboard, estimated at ten feet, with a width of nearly twenty-five feet. A large landslide is located immediately south of the dam and abutes the dam on the south. We proceed east up the Dry Fork road to the confluence with Deer Creek. The Dry Fork immediately above the reservoir is a series of beaver ponds and thick riparian vegetation. Any flume located above the reservoir may be best positioned immediately above the high water line of the reservoir due to the nature of the Dry Fork. It will be important to have an accurate measurement of stream flow below the area subject to subsidence but above the reservoir. We detoured briefly up Deer Creek to a cluster of four wells. These wells have been in puce for a number of years and are the 23 series of wells. Apparently at least two of these wells are not operational due to damage. At this location, Wendall Koontz of MCC and Destry Dyer of the Bureau of Land Management briefly joined us. The channel of Deer Creek was hidden in the grass at this 3