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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 inspection conducted by Toe Dudash of the Colorado DMG. Basil Bear represented the operator during the records checklist. No one represented the operator during the field inspection. It rained during most of the inspection. There had also been a steady rain the previous two days. Train Loadout There was no activity at the train Loadout. No railcars or coal haul trucks were onsite during the inspection. The three entrance gates were open and mine ID signs were present. Surface disturbance tnarkers were present. There were no leaks and the containment berm was in place at the fuel facility. There was no standing water in the pond. The bin wall was intact, although there is a vertical hole in the bin wall fill in one backcomer. The pond's upland diversion channel and culvert had sufficient capacity. The upland diversion ditch(berm just east of the site entrance gate and the central diversion ditch and culverts were functional. Straw bales were in place. The west collection ditch had capacity. East Mine The entrance gate was locked and the mine ID sign was up on the gate. The paved haul road was in good condition. The graveled roads were also in good condition. The operator was finishing up maintenance of the road ditches. Mine site culverts and ditches were functional. There had been recent maintenance work done on the culverts and ditches. Straw bales were in place, although the straw bales around the drop inlet structure at the crusher/screener bench need to be anchored better. The water level in Pond 1, the uppermost pond, was within 3 feet of the primary top. Pond 2 had water to within 6 inches of the primary top. There was a very small leak at the base of the bin wall of Pond 2, about 3 feet to the east of the discharge gate. The leak was less than 1 gpm. Pond 2 is not the NPDES dischazge point. Pond 2 discharges into Pond 3, which, in tum, discharges into Pond 4, the NPDES dischazge point. This leak will need to be watched to see if it gets bigger. If so, repairs may be necessary. Pond 2 razely holds any significant amount of water. There was only a little water in Pond 3. Pond 4 did not hold any water. There were no new additions to the West Ridge waste pile. There were no signs of slope instability at the waste pile. The diversion and collection ditches had sufficient capacity. Culverts were clear. There was a little water in the West Ridge waste pile. Spillways were functional and the pond embatilmtent was well grassed and appeared to be stable. There was no evidence of slumping at the reclaimed old waste pile. The slopes and top of the old waste pile were well grassed.