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,~ <br />LNSPECTPON REPORT <br />Page 2 <br />said that he was scheduled to receive a call from one of the <br />corporate employees by the end of the day about the work but had no <br />feeling as to whether they would order the work to commence. It is <br />my understanding that the State is ready to take further enforcement <br />action in the form of permit revocation if the operator does not <br />comply with the board order. <br />There is a problem with the location of the pond that has caused some <br />problems with the design and final construction. The embankment as <br />it is now, sits dust this side of the boundary line between the <br />landowner of the mine property and Ute Mountain Ute Surface. <br />Apparently the operator does not have the right to extend the slopes <br />of the pond out onto that surface. They are, however traveling on <br />Indian Surface to and from the bench where the pond is located, which <br />in this case is alluvial valley floor. The alluvial valley floor <br />designation would also limit what could be done on that surface. The <br />Tribe also owns the mineral rights for the coal that mined by the <br />previous operator but as already noted, the surface of that area is <br />owned through a Quit Claim Deed by someone other than the Tribe. <br />Most of the old equipment has been removed from the upper hench of <br />the mine. A fan portal and manway/coal haulage portal are faced up <br />and openings punched in through this bench. The old workings were <br />also through the same opening system. A fan is sitting near the <br />ventilation shaft but it is not set in place. A continuious miner is <br />near the manway but again is inoperable. Both openings are fenced <br />and locked to prevent access. There was power connections on the old <br />bench for the previous operations but they are not connected at this <br />time to any of the equipment. <br />There are no diversions for undisturbed area water for runoff control <br />above the mine above this bench. The operator is treating all of the <br />water from the area as being disturbed. That water and drainage <br />from this bench is flowing into a central drain that goes out over <br />the toe of the pad. Water is collected in a culvert drop structure <br />which then drops it onto a sheet metal liner that carries it to the <br />next bench. That hench which is accessed via an open ended road <br />system on both sides of the pad from the bottom of the area is to be <br />the site of a bin storage and truck load out for the coal. At this <br />time, there is no structures on the pad but designs have been <br />submitted and approved. Road,..drainage on the routes up to this area <br />is pushed to the inside bar ditch and dropped dorm to the bottom of <br />the area where it is passed through a straw bale dike system prior to <br />discharge. The drainage from the pad area is also collected and <br />dropped through a similar structure as described for the upper area. <br />Water from that site along the upper bench water is then dropped <br />into the sediment pond. The pond has two separate spillways, a piped <br />primary with a closure valve and an embankment emergency. The <br />embankment has been mulched and seeded, as were all of the outslopes <br />of the pads above the pond. <br />I[ is my understanding that the mine haul road has not been certified <br />for construction according to design. Mr. Ranney said that they were <br />not going to require it until such time as coal is brought out over <br />