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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 partial coal inspection conducted by Jason Musick of the Colorado Division of <br /> Reclamation, Mining, and Safety (Division) on 06 August 2008. The weather was cloudy and the mine <br /> site was mostly dry with light rain falling during the on-the-ground inspection of the site. Scott <br /> Wanstedt of BME accompanied the inspection. This inspection focused on the area in and around the <br /> refuse piles. <br /> The mine is currently operating as permitted. Deserado is in the process of moving the longwall to <br /> panel 8 and it appears that October will be the timeframe for Deserado to be back at full production. <br /> The RaiseBore hole was being constructed at the time of the inspection. <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. <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. BME estimated the completion <br /> of the riser to be September 2008. The temporary riser appeared to be in compliance with no <br /> problems noted. <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 embankments <br /> appeared stable and well vegetated. <br /> Roadside ditches appeared to be in compliance with no problems noted. <br /> Processing Waste <br /> The reclaimed refuse pile RP-1 appeared stable with no evidence of erosion. Collection ditches <br /> around RP-1 appeared to be functioning as designed. <br /> Refuse Pile -2/3/4 was in the process of being compacted at the time of the inspection and appeared <br /> to be well compacted and stable. Grading appeared to allow good run-off to ponds. No problems <br /> were noted. Refuse Pile - 5 was in the process of being compacted at the time of the inspection and <br /> appeared to be well compacted and stable. Both sites appeared to show good run-off to the ponds via <br /> the collection ditches. The collection ditches appeared to be free of debris and functioning as <br /> permitted. The culverts in and around the refuse piles appeared to be functioning as permitted with no <br /> problems noted. <br />