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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 Tom Kaldenbach of the Colorado Division of Reclamation, Mining and Safety. Clint Sandlin represented the operator. With the operator's consent, this report was issued from the Denver office of DRMS. The King I Mine was active with trucks being loaded in the stack tube area. The operator's representative reported that mining at the King I Mine was continuing in the Tipotsch lease. An earthwork contractor was active at the King II site. Much of the earthwork for the surface facilities area of this new mine has been completed since the previous complete inspection in March 2007. The coal seam has been excavated at the future location of the portal, but excavation of the portal entry has not yet begun. The ground was dry at both sites. Photographs taken during the inspection aze attached to the end of this report. Availability of Records All required records were available (see attached list). Siens and Markers King I -Mine i.d. signs and affected area markers were properly displayed. King II -Amine i.d. was on display at the mine's entrance on County Road 120. The affected azea at the King II Mine was temporarily marked by survey stakes. The operator's representative explained that permanent affected area mazkers have been ordered. Roads King I -The mine entrance haul road was well maintained. King II -The haul/access road and adjoining ditch are nearing completion. Silt fence was in place along part of the embankment of the road. Hvdrolo¢ic Balance King IPonds -The east and west ponds were dry. Embankments and inslopes of both ponds were in good shape. The primary and secondary spillways appeazed in good condition on both ponds. The west pond was cleaned out in 2005. Both ponds had sediment level mazkers in place and appeared to have adequate sediment capacity. King II Pond -Construction of the pond at King II is nearing completion. The dimensions appear closely similaz to those in shown in the approved design (Map King II-007C). The primary and emergency spillways (two 24-inch diameter culverts) aze in place. Riprapped inlet aprons aze not yet in place at the north end of the pond.