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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 partial inspection of the King Coal 1 Mine was conducted by DRMS staff from the Durango Office, <br /> located at 701 Camino del Rio, Room 315, Durango, CO 81301, phone (970)247-5469. The King <br /> Coal 2 Mine was not inspected. Operations were active during the time of the inspection. <br /> Trucks were delivering coal from the King Coal 2 Mine. Coal was also being stockpiled at the stacker <br /> tube via the conveyor belt from the King Coal 1 Mine portal. <br /> Mine identification sign and permit boundary markers were posted. <br /> _The large sediment pond, located on the west side of the entrance road, was holding water. The <br /> water and sediment elevation rod was lying on the crest of the pond embankment, awaiting installation <br /> in the pond. Water depth was visually estimated at one foot. The elevation of the water surface was <br /> well below the toe of slope for the pond embankment and approximately five feet below the inlet of the <br /> primary spillway. The primary spillway is augmented by an overflow pipe, which conveys water from <br /> the large sediment pond to the small sediment pond, and byan open-channel emergency spillway. <br /> Evidence of seepage through the pond embankment or discharge from either spillway was not <br /> observed. Portions of the protective vegetative cover for the pond embankment has been buried in <br /> sediment placed on the embankment during the recent clean-out of the pond. The embankment <br /> appeared intact and stable. However, the protective vegetative cover for the embankment is essential <br /> to ensure stability and must be re-established in accordance with permit conditions. <br /> The small sediment pond, located on the east side of the entrance road, was holding water; depth of <br /> water was visually estimated at one foot. The elevation of the water surface was approximately eight <br /> feet below the inlet for the primary spillway. The primary and emergency spillways appeared clear and <br /> functional with no evidence of discharge noted. A minor occurrence of Russian knapweed, a <br /> regulated noxious weed, was observed on the embankment for the small sediment pond and nearby <br /> the outlet of the east upland diversion ditch. <br />