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III. COMMENTS - COMPLIANCE Colowyo C-1981-019 10 November 2008 Pg 1/6 Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. This was a partial inspection of the Colowyo Mine conducted by Jim Stark of CDRMS. The inspection was conducted on 10 and 11 November 2008. Jennifer Sekulski of CCC accompanied me on the inspection on 10 November 2008 and Ryan Pawlowski of CCC accompanied me on the inspection on 11 November 2008. Tay Tonozzi and I briefly discussed some of the permitting actions that are currently outstanding at the Colowyo Mine and ones that are in the planning stages. The mine was actively mining coal and hauling coal to the loadout at the time of the inspection. The weather was cool and clear and it snowed on the evenings of 10 and 11 November 2008. The ground was a bit wet and muddy and partly covered with snow for the inspection. Signs and Markers: - All of the necessary signs were in place as required at the time of the inspection. Mine ID signs were in place at the main entrance and at all of the ponds along Colorado Highway 13 as required. Colowyo has a mine identification sign at the access point to the Section 28 Pond (on the Sturgeon Road) along Colorado Highway 13. Roads: - The mine access road and haul road to the Gossard Loadout is a paved road. The road was well maintained and in good condition. - The light-use road in Taylor Draw to the West Pit Pond, East Taylor Pond and West Taylor Pond was stable and well maintained at the time of the inspection. There were some muddy areas and some small pools of water and minor ruts but overall the road was in good condition. - The haul roads in the East and West pit areas were all well maintained and stable at the time of the inspection. The roads were mostly dry on 10 November 2008 but there was not a problem with fugitive dust at the time of the inspection. No erosional problems were noted on these roads. On the morning of 11 November 2008 the roads were very slick and muddy from the melting snow from the previous night. - The haul roads in the South Taylor Pit area were also wet, muddy and slippery at the time of the inspection. The roads were well maintained and appeared to be stable, however. These roads include the haul roads to the spoil fill areas (underdrains A-A', B-B' and C-C'), haul roads to the active pit areas (the box cut and the X-Pod area) and the main coal haul road out of South Taylor, which is the old Section 16 Pit. - The light-use roads around the Gossard Loadout and to the rail loop were well maintained and in good condition. - The Sturgeon road to the Section 28 Pond was wet but the gravel surface kept it stable and in good condition. The Missouri crossings were holding up well and the drainage off of and around the road appeared to be controlled as required by the approved permit.