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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 I Complete inspection conducted by Janet Binns of CDRMS. The mine no longer extracts coal, but the remaining <br />surface pit (Pit B) is permitted to dispose of flyash. CEC caps, regrades, topsoils, mulches and seeds the pit as the ash fill <br />progresses. The weather was warm and dry. CEC's records showing the only precipitation in October totaled 2.92 inches <br />with no precipitation measured yet in November. Cindy Smith of CDPHE -Solid Waste Unit accompanied the inspection, <br />and conducted a concurrent inspection. <br />Records: 'Records were checked on the mine site. Pond inspection reports need to be updated. DRMS has received these <br />reports, but copies need to be filed at the mine site as well. <br />Roads: The haul road to the pit and return to the facilities were dry and well graded. Road side ditches are well graded and <br />shaped. One ash truck was on site during the inspection. The operator said that they are currently hauling 4 truckloads of ash <br />per day. The haul road and access road are in good condition with no concerns and no noxious weeds along the roadsides. <br />Hydrologic Balance: The mine site was dry with both ponds; pond 2, and dugout pond dry. Pit B is dry as well. <br />Backfill: CEC is placing ash on the upper lift of Pit B, north of the Area 31 reclamation area. No blowing of the ash or <br />spoil coy i r was observed in spite of windy conditions. No problems were noted with the ash placement and spreading. <br />Revegetation and Reclamation Success CEC seeded reclamation Area 31 was seeded with permanent seed mix on October <br />16, 2009. Reclaimed areas throughout the site look good. <br />CEC mowed Reclaimed area 25 in an effort to knock down the annual species seeds. <br />SL4 was proposed for approval in October 2009. After 30 days after the proposed approval public notice has run in the Fort <br />Lupton Times, providing there are no public comments, SL4 will become final. <br />Page —3— 6f —6— Pages, (date) 11 /1212009 (initials) ihb <br />