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III. COMMENTS -COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made <br /> during the inspection. Comments also describe any enforcement actions taken during the inspection <br /> and the facts or evidence supporting the enforcement action. <br /> This was a complete coal inspection conducted by Jason Musick of the Colorado Division of <br /> Reclamation, Mining, and Safety (Division) on 15 May 2008. The weather was cloudy during the on- <br /> the-ground inspection of the site. Justin Wilson of BME accompanied the inspection. The weather <br /> was cloudy and the ground was dry at the time of the inspection. <br /> The mine is currently operating as permitted. BME was in the process of drilling holes permitted under <br /> TR-66. BME was in the process of cleaning out pond DP-1 at the time of the inspection. <br /> Availability of Records <br /> See attached DRMS Availability of Records. BME supplied weekly sampling of DP-1 and 29-4 point of <br /> compliance well. <br /> Roads <br /> The paved Deserado Mine Road appeared to be well maintained and in good condition. The haul <br /> road from the facilities area to the refuse disposal area appeared to be stable and displayed good <br /> drainage with no problems noted. The access roads and light-use roads were slightly wet at the time <br /> of the inspection. No problems were noted and all roads appeared to be in compliance. <br /> Hydrologic Balance <br /> Pond DP-1 was in the initial stages of being cleaned out at the time of the inspection. DP-1 <br /> experienced a damaged riser over the winter. The temporary riser will be replaced during the pond <br /> cleaning with a permanent riser per BME's permit. The pond embankment appeared stable and well <br /> vegetated. The emergency and temporary riser appeared to be in compliance with no problems <br /> noted. <br /> Pond PP-1 contained water, although no discharge was noted. PP-1 is a concrete pond and <br /> appeared to be stable with no problems noted at the time of the inspection. <br /> The fresh water lagoon contained water, although not discharging at the time of the inspection. The <br /> lagoon appeared stable with no problems noted at the time of the inspection. <br /> Pond RP-1 was dry at the time of the inspection. Embankments appeared to be well vegetated and <br /> stable at the time of the inspection. <br /> Pond RP-2/3 contained water in the upper cell and the lower cell at the time of the inspection. No <br /> discharge was noted. The NW cell was wet with no water and contained sediment which does not <br /> appeared to be a problem at this time. The embankments appeared stable and well vegetated at the <br /> time of the inspection. <br /> Pond RP-4 contained a small amount of water with no discharge noted. The pond embankments <br /> appeared stable and well vegetated. No problems were noted with the spillways at the time of the <br /> inspection. <br /> Pond RP-5a contained a small amount of water with no discharge noted. The primary/emergency <br /> spillway found to be incompliance with no problems noted. The embankments appeared stable and <br /> well vegetated. <br /> Pond RR-1 was dry at the time of the inspection. Embankments appeared stable with good <br /> vegetation. Primary riser and emergency spillway found to be in compliance. <br /> Pond SS-2 contained a small amount of water with no discharge noted. No problems were noted. <br /> Embankments appeared stable with good vegetation throughout. <br /> Roadside ditches appeared to be in compliance with no problems noted. Facilities area ditches <br /> appeared to be in compliance and no problems were noted with the exception of the following: <br />