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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 23 September 2008. The weather was foggy during the <br /> on-the-ground inspection of the site. Graham Roberts of TMI accompanied the inspection. The <br /> weather was foggy and the ground was dry/damp at the time of the inspection due to high levels of <br /> humidity/light-rain. <br /> This inspection focused on the hydrologic balance and pond inspections. Trapper submitted as-built <br /> designs for Horse Pond approved in TR-103 these as-built's were inspected on the ground <br /> Roads <br /> The access roads and light use roads appeared to be dry and stable at the time of the inspection. <br /> Access roads to the Flume ponds had rutting due to the run-off. These roads should be graded to <br /> limit the amount of rutting and provide adequate drainage. The Haul road appeared to be in good <br /> condition with no problems noted. <br /> Hydroloaic Balance <br /> Ponds were being monitored by Graham Roberts of TMI during this inspection. Three ponds were <br /> discharging during the inspection. <br /> • No Name appeared stable with no problems noted. No Name contained water and had a <br /> discharge rate of .012 and pH of 8.2. <br /> • Middle Flume contained water and was discharging through the 1" Baskin flume at .25 and pH <br /> at 8.7. <br /> • East Middle Flume contained water with discharge at .01 and ph at 8.2. <br /> All ponds appeared to be stable and in compliance with no problems noted at the time of the <br /> inspection. <br /> The Horse Gulch expanded pond was inspected for compliance with the as-built design and the <br /> permitted design. The elevation of the dam was inspected using Trimble GeoXT GPS unit. The <br /> elevation of the dam was position on the GPS to be 7194.9 feet and 7237.5 feet based on the as-built. <br /> The Difference is acceptable in this case based on the settings of the Trimble during the on the <br /> ground inspection. The main setting of note is accuracy versus production, as the Trimble was set to <br /> production during the reading. The combined primary/emergency spillway was new and in compliance <br /> during the inspection. The inlet to the pond was rock rip-rapped. Photographs of the pond are below. <br /> During the inspection met with Forrest Luke, Jim Mattern, and Seth Puls to discuss the continued <br /> process for PR-06 in regards to any new submittal that will be forth coming. The Phase II bond <br /> release application (SL-09) was submitted from Trapper Mine during the on the ground inspection. <br />