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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 16 July 2008. The weather was clear and the mine site <br /> was dry during the on-the-ground inspection of the site. Scott Wanstedt of BME accompanied the <br /> inspection. <br /> The mine is currently operating as permitted. BME was in the process of drilling holes permitted under <br /> TR-66. The RaiseBore hole was being constructed at the time of the inspection. <br /> Availability of Records <br /> See attached DRMS Availability of Records. All records were inspected at the Deserado Mine site <br /> office. <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 in and around the mine site, as well as, the light- <br /> use roads to the drill pads and bore holes were in good condition with no problems noted. No <br /> problems were noted and all roads appeared to be in compliance. <br /> Hydrologic Balance <br /> The DP-1 Pond cleaned out has been completed. The temporary riser continues to be in place and <br /> will be replaced at the conclusion of the final design per BME's permit. The pond embankment <br /> appeared stable and well vegetated. The emergency and temporary riser appeared to be in <br /> compliance with no problems 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 /> Pond PP-2 contained water with no discharge noted. Embankments appeared stable and well <br /> vegetated with no problems noted. <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 was dry at the time of the inspection. <br /> No 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-1 was dry at the time of the inspection. Embankments appeared stable and well vegetated <br /> with no signs of damage. <br />