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III. COMMENTS - COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made during the <br /> inspection. Comments also describe any enforcement actions taken during the inspection and the facts or <br /> evidence supporting the enforcement action. <br /> This was a complete inspection conducted by Tom Kaldenbach of DRMS. Henry Barbe of Mountain <br /> Coal Company represented the operator. ]Photographs taken during the inspection are attached to the <br /> end of this report. With the operator's consent, this report was issued from the Denver office of DRMS. <br /> The longwall was active in E-Seam Panel 1. Snow cover limited inspection of ditches, culverts, and <br /> ponds. <br /> Availability of Records <br /> All required records were on file in the mine office(see attached list). The operator's representative <br /> explained that a liability insurance certificate will be requested that reflects notice to the Division of any <br /> changes will be made within 30 days (the certificate on file provides 45 days notice). Rule 2.03.9(3) <br /> does not specify the number of days in which notice of changes must be made,but the Division asks that <br /> certificates specify 30 days. <br /> Signs and Markers <br /> Mine i.d. signs were properly displayed at the two entrances on Highway 133. Topsoil markers were <br /> and affected area boundary markers properly displayed on topsoil stockpiles seen during the inspection <br /> in the main surface facilities area, Sylvester Gulch, the Deer Creek Shaft site, and Monument Dam <br /> borrow area. Stream buffer markers were in place in Sylvester Gulch. <br /> Roads <br /> Road surfaces were in good condition in all areas inspected. <br /> Hydrologic Balance <br /> The following sediment control ponds contained water,but were not discharging: MB-2R(outfall 004), <br /> MB-3 (outfall 005), SG-1 (outfall 014), and MB-4 (outfall 008). MB-1 was discharging less than 100 <br /> gpm of clear water. The discharge structures, embankments, and inslopes of these five ponds appeared <br /> in good condition. <br /> Mine water was not being discharged in Sylvester Gulch from outfall 017. <br /> 3 <br />