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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. General Comments This was a partial inspection of the Munger Canyon Mine, conducted by Dan Mathews of the DRMS Grand Junction Field Office. Mine Manager Gary Isaac was contacted at the beginning of the inspection on April 17, and Safety Manager Rodney Head was contacted at the conclusion of the mine site inspection, but I was not accompanied during the field inspection. Weather was cloudy and cool; ground conditions were moist to muddy from recent precipitation. East Salt Creek was flowing relatively high and roily from snowmelt runoff. Munger Creek had a trickle of flow in the upper reaches of the North Fork, but there was no flow on the main stem of Munger. Primary focus of the inspection was the reclaimed light use road associated with the emergency drill site location in the adjacent McClane Canyon Mine permit area, drilled in December 2005. The road segment within the Munger permit area forks off the portal access road, crosses Munger Creek, and runs along the North Fork of Munger Creek for approximately'/: mile, up to the McClane Canyon Mine permit boundary. The Munger section of road was reclaimed in April 2006. Please refer to the McClane Canyon Mine inspection report dated April 19, 2007, for comments on the reclaimed road segment and reclaimed drill pad area within the McClane permit area. The coal waste disposal area and haul road between waste disposal and Highway 139 was also inspected, but the portal area and portal access road was not inspected. The Loma loadout was briefly inspected following completion of the mine site inspection. Gary Isaac indicated that CAM had reached a settlement with #11 Resources, to allow for continued waste disposal and reclamation operations at Munger through the end of September 2007, and continued access for monitoring and maintenance beyond that date. Support Facilities The lower section of the light use road within the Munger permit area follows an old two track road along the North Fork of Munger Creek. The road along the lower segment is located primarily outside of the channel, but crosses the channel in several locations. Approximately 200 yards northeast of the 4~' crossing of the North Fork, the road crosses a tributary side channel that enters the North Fork from the west (the 2n0 side channel crossed by the road). At this point the canyon begins to narrow, with junipers becoming more prevalent along the channel. This location appears to be close to the point where the road passes into the McClane Canyon permit area. As noted in past inspection reports, the reclamation grading was properly completed; slopes blend well into adjacent terrain, surtaces were properly roughened to prepare a seedbed, stream fords were properly eliminated and channel segments restored at approximate uniform grade to tie into undisturbed channel segments above and below. Rock and woody debris were properly pulled back across the reclaimed road, to further minimize the visual impact of the disturbance and facilitate stabilization and vegetation establishment. No areas of significant erosion were observed. Vegetation along most segments of the reclaimed road corridor in the Munger permit area is presently dominated by annual (orbs and grasses. Initial establishment of seeded perennials will need to be assessed later in the growing season. There were several areas where the noxious weed whitetop is present along and adjacent to the reclaimed road. Patches of the weed are scattered along the corridor throughout its entire length within the Munger permit area. The patches will need to be Sprayed within the next couple weeks when the plants start flowering, to limit spread of the weed along the disturbance corridor. 3