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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 />CDPS Discharge Permit expired in 2002, and is still under administrative extension from CDPHE, with approval <br />pending. <br />The DMG Mining & Reclamation Permit expired 12!31/2005. SCC made timely submittal of the permit renewal <br />application (RN-4); as such operations are allowed to continue under the expired permit pending renewal <br />issuance. Renewal issuance had been delayed pending approval of Permit Revision No. 5 (PR-5), which was <br />submitted to address changes associated with earlier than anticipated cessation of coal extraction and mine <br />closure. PR-5 proposed approval decision was issued June 16, 2006, and it is anticipated that RN-4 approval <br />will be issued promptly following final approval of PR-5. <br />Roads <br />The various mine area haul roads, access roads and light use roads generally appeared to be properly <br />maintained and functional. Site conditions were quite dry, and several of the roads were quite dusty. Road <br />watering as necessary to control dust will be necessary during continuing reclamation operations. <br />Road drainage maintenance was noted to be necessary in a couple locations. Inlet and outlet ends of <br />Culvert J-2 (above Pond 016A) were partly obstructed by material associated with road widening to allow <br />passage of the dragline. <br />Roadside ditch extending from the lower end of the Oil Well access road down to the Culvert A-1 inlet was <br />partially silted in, and needs to be cleaned out. <br />Hvdroloaic Balance <br />Alt sediment ponds were inspected and no problems were noted. Pond 005-water level 2 feet below top of <br />riser, no discharge. Pond 006 full and discharging clear flow (approximately 30 gpm) over top of primary spillway <br />riser. Pond 016A pond full and discharging a trickle over top of primary spillway. Pond 016 full and discharging <br />clear flow (approximately 25 gpm) over top of primary riser. A couple large trout (16"-18"+ in length were <br />observed in Pond 016). The French drain originating at the location of the failed 024 series bedrock wells (below <br />the 016A embankment) was flowing as typically the case (approximately 20-25 gpm clear flow into Pond 016). <br />There was water at the surface in the well area, and a 3 foot diameter sink hole feature has opened up in recent <br />months. Operator had attempted to pull the surface well casings last summer using the large coal shovel, to <br />facilitate an attempt to fill in the wells with concrete; however the attempt to pull the casings was not successful. <br />DMG is discussing alternative approaches to resolve issues associated with the failed wells with the operator <br />and the Office of the State Engineer. <br />Pond 017-full and discharging clear flow approximately 30 gpm. Lower end of the 017 drainage above Pond <br />017 appeared to be unchanged from the previous inspection. Gullied section of the temporary collection <br />ditch along the light use road to Pond 017 needs to be repaired. Channel construction/ riprap installation <br />was in progress higher in the watershed. Upon final approval of PR-5, the lower segment of PM•1, <br />extending down to the intermittent stream above Pond 017, will need to be constructed. <br />Pond 009 was nearly full, but was not discharging. Pond 015 was discharging approximately 10 gpm clear flow. <br />Operator has installed sheep fencing around all the discharge works to prevent beaver from plugging up the <br />spillway riser or flume inlet. The fencing appears to be working; a beaver is active in the pond but has not <br />impacted the embankment or discharge structures. <br />Backfill and Gradino <br />Status of backfill and grading operations is summarized in the general comments section above. In addition to <br />the significant slide on the east side of the reclaimed ridgeline pit described in the previous inspection report, <br />there are several areas where settling cracks are evident on reclaimed slope areas. A number of these will <br />5 <br />