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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 inspection of the Roadside Portals Mine conducted on January 22, 2009 by Mike <br /> Boulay of the Division of Reclamation, Mining and Safety Grand Junction Field Office. Tonya <br /> Hammond of Snowcap Coal Company was present during the entire inspection. Prior to this <br /> inspection, we made arrangements to meet with Rudy Fontanari a landowner whose property is within <br /> the mine permit boundary in the vicinity of the North Decline area. Tonya Hammond and I met Mr. <br /> Fontanari at around 9:00 a.m. on the morning of January 22"d and proceeded to the North Decline <br /> Road located on Mr. Fontanari`s property. The purpose of the meeting was to view several locations <br /> where Mr. Fontanari believes surface cracks have developed on his property as a result of subsidence <br /> from the Roadside Portals Mine, where the South Portal underground workings are located beneath <br /> this area of his property. Weather conditions were cold and cloudy and the ground was partially snow <br /> covered. <br /> Subsidence <br /> We began the inspection at a location approximately midway up the North Decline Road. Ms. <br /> Hammond indicated that the North Decline Road is not a permitted mine road but an access road <br /> maintained by Mr. Fontanari. Ms. Hammond and myself have both noted that there has been some <br /> water(a small amount) discharging from the outcrop at this location where the road bends sharply. In <br /> attached Photograph No. 1 some frozen water can be seen emanating from the outcrop just above the <br /> road surface. There is also some sloughing of the road cut evident. Mr. Fontanari indicated that a <br /> possible source of the water could be from the Ute Water line located on the hilltop directly above the <br /> road cut. From my inspection it does not appear that this is the probable source of the water. The dip <br /> of the rock is to the east towards the face of the rock outcrop and it appears to be a small amount of <br /> groundwater discharge. <br /> In Photograph No. 2 at the same location, Mr. Fontanari stated that there were two to three cracks that <br /> came across the floor of the road surface but that he had covered them over and backfilled them. The <br /> bedrock is fractured in several locations at this bend in the road and the water may be coming from the <br /> rock fractures. It is unclear how the fractures occurred or whether or not they are related to subsidence <br /> effects. <br /> Photograph Number 3 and 4 were taken near the top of the North Decline Road where Mr. Fontanari <br /> pointed out a significant vertical crack or fracture in the bedrock outcrop. The vertical crack is clearly <br /> visible in the center of Photo No. 4. It is unclear how the crack formed. Mr. Fontanari indicated that <br /> he widened the road at this location in November and December of 2008. After increasing the width <br /> of the road, he noticed the crack. <br /> Photograph No. 5 was taken at the top of the North Decline Road where Mr. Fontanari is beginning to <br /> excavate for a gravel pit operation. In Photograph No. 5 at the approximate location of the orange field <br /> notebook, Mr. Fontanari stated that a subsidence hole existed but he filled it back in. <br />