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III. COMMENTS-COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also <br /> describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. <br /> This was a Partial inspection conducted by Janet Binns of CDRMS. John of Coors Energy Company accompanied the <br /> inspection. The mine no longer extracts coal,but the remaining surface pit(Pit B)is permitted to dispose of flyash. CEC <br /> caps,regrades,topsoils,mulches and seeds the pit as the ash fill progresses. All snow is melted(or blown)off the site. <br /> Weather was clear,mild(60+degrees), and the wind was calm at the time of the inspection. <br /> Roads: The haul road to the pit and return to the facilities were dry and well graded. Road side ditches had been recently <br /> shaped No ash was being hauled during the inspection nor was any spoil being worked at the time. The haul road is in good <br /> condition. <br /> Topsoil: Topsoil piles A-1 and B-1 are gently graded,the un-vegetated south faces of these piles have developed a crust that <br /> reduces the amount of wind blown sand off the piles. John indicated that the mine had had considerable winds over the past <br /> month. CEC has strategically place wind fences to reduce wind blown soil. Some blown sand was visible south and east of <br /> the topsoil piles,however,the wind fencing appears to be dropping the sand before the windblown sand can reach the access <br /> road. No windblown sand appeared to be leaving the permit area. <br /> Hydrologic Balance: The mine site is extremely dry with little precipitation since the February inspection. Both the dugout <br /> pond and Pond 2 were dry. A small puddle of water is drying up at the North end of Pit B. A small pool of water remains in <br /> the lined sewage lagoon. <br /> Backfill&Regrading: CEC continues to fill Pit B with ash. CEC continues to place ash on the lower bench at pit B. CEC <br /> continues to keep up on grading of ash. CEC indicated that placement of ash on the upper bench will proceed once this <br /> current pass on the lower bench is complete. CEC indicated that the coal currently being used at the power plaint contains <br /> roughly 5%ash. No blowing of ash or cover material was observed during the inspection. <br /> Support facilities: No additional construction of third party gas wells or ancillary oil&gas support facilities have been <br /> initiated. <br /> Revegetation: Reclaimed parcel 31 has been graded,topsoiled, and mulched. The parcel looks stable with the mulch <br /> application and does not show evidence of wind erosion of the topsoil resource in spite of the high winds the mine has been <br /> experiencing. CEC will plant this parcel to sorghum this spring. <br /> CEC has submitted an application for a partial Phase III bond release. Some of the parcels included in the application were <br /> observed. Area 1 has good vegetative cover and some of the cool season grasses were beginning to sprout. Area 24 had <br /> good vegetative cover. This area was also showing some early sprouting of grasses. Area 22 also had excellent vegetative <br /> cover with no obvious weedy species noted. Early cool season grasses were starting to sprout in this parcel as well. <br /> No problems were observed on site <br /> Page—3—of—4—Pages,(date) 3/19/2009(initials) ihb <br />