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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 13 November 2008. The weather was clear and the <br /> mine site was dry during the on-the-ground inspection of the site. Scott Wanstedt of BME <br /> accompanied the inspection. <br /> The mine is currently operating as permitted. Deserado has completed the move of the longwall and <br /> is back at full production. Drilling activities of the pilot hole for RS-3 was being conducted during the <br /> on-site inspection. <br /> Roads <br /> The access road to the facilities area appeared to be well maintained with no problems noted. The <br /> haul road was dry; it appeared stable with no signs of erosion or damage. The conveyor corridor road, <br /> access roads and light-use roads appeared to be in good condition with no problems noted. All <br /> roadside ditches and diversions appeared to be in compliance. <br /> Hydrologic Balance <br /> The temporary riser at DP-1 continues to be in place and will be replaced at the conclusion of the final <br /> design per BME's permit. BME will submit a MR to address the completed riser pipe design. The <br /> temporary riser appeared to be in compliance with no problems noted. The permanent pipe repair has <br /> started and expected to be complete within the month. DP-1 contained a small amount of water at the <br /> time of the inspection. The pond embankment appeared stable with no problems noted. The <br /> temporary primary spillway and the secondary spillway appeared to be in compliance with no problems <br /> noted. No discharge was noted for PP-1 and PP-2 and both contained water. The embankments of <br /> PP-2 appeared stable and in compliance with no problems noted. The fresh water lagoon was not <br /> discharging at the time of the inspection. No problems were noted. RP-2/3, RP-4, and RP-5 were dry <br /> at the time of the inspection with no discharge at the time of the inspection. All embankments <br /> appeared stable with no signs of erosion or damage at the time of the inspection. <br /> Processing Waste <br /> Refuse Pile- 2/3/4 appeared to be well compacted and stable. Refuse Pile—5 appeared to be well <br /> compacted and stable. Both sites appeared to show good run-off to the ponds via the collection <br /> ditches. <br /> Overall, the Deserado Mine is in good condition and appears to be conducting operations as required. <br />