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