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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 coal inspection conducted by Jason Musick of the Colorado Division of, Reclamation, Mining, and Safety (Division} on 24 October 2007. Dan Hernandez of the Division accompanied the inspection. The weather was clear and sunny during the inspection. Ed Puckett of New Castle, CO is the leaser to the land owner of the area north of the mine boundary. Mr. Puckett informed me of his equipment, soil, and mulch being on the permit boundary area. This said property is encroaching onto the top soil pile to the east at the mine entrance. Availability of Records Records were checked as the Garfield County Courthouse (see attached checklist). All required records were on file. Signs and Markers The mine I.D. sign was in place on the entrance gate next to the I-70 frontage road, although the gate was damaged and on the ground at the time of the inspection. All disturbed area markers and topsoil signs were in place. Roads All road surfaces were in good condition. Hydrologic Balance Both cells of temporary sediment pond 'A' were dry. Slope embankment on the northwest side of the pond should be addressed to build up an area that has been damaged. PVC pipe and excess wood pieces within the sediment pond emergency spillway should be cleared. Culverts were in good working condition and free of sediment and debris. The culvert directly above the sediment pond under the road to the first terrace was not located. Backfill and grading Both portal 1 areas appeared to show no signs of instability. Portal 2 area showed minimal evidence of possible sliding approximately 25 feet from the base of the disturbed area. This area should be continued to be monitored. TOpg011 The topsoil pile to the east of the mine entrance was being encroached upon on the south end by soil placed by the land owner's leaser. Both the topsoil stock pile and the teaser's soil contained a high amount of knapweed and thistle. The landowner's teaser's soil, mulch, and disturbance should be addressed to ensure that it is not in an area denoted as non-disturbed. Revegetation The vegetation throughout the mine area appeared to be well-covered and dry. These conditions were reflected throughout the area both on and off of the mine area. There are large amounts of weeds throughout the site, mainly Russian knapweed, Field Bindweed, and thistle.