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<br /> <br />III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations <br />made during the inspection. Comments also describe any enforcement actions taken during <br />the inspection and the facts or evidence supporting the enforcement action. <br />This was a partial inspection conducted by Tom Kaldenbach and Dan Hernandez of the <br />Colorado Division of Minerals and Geology. No one else was present during the <br />inspection. The ground was dry. The entrance gates to the loadout were locked <br />SIGNS AND MARKERS <br />From a distance, the marker on topsoil pile TS-3 appeared down; this will be verified on <br />the next inspection. <br />GENERAL MINE PLAN COMPLIANCE <br />A segment of ditch 3 at approximately east coordinate -20,160 appears to lie <br />approximately twenty feet outside the permit boundary over a distance of less than 100 <br />feet. The operator's representative was notified of this by fax on the day following the <br />inspection: he responded by phone that he would promptly resolve the matter. <br />REVEGETATION <br />Rail Loop Pond Embankment - Seed is needed on the Rail Loop Pond embankment and on bare <br />spots on the substation SAE. The operator's representative said by phone after the <br />inspection that seeding is planned for this Fall. <br />Page 3 <br />