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I//. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made during <br />the inspection. Comments also describe any enforcement actions taken during the inspection and the <br />facts or evidence supporting the enforcement action. <br />This was a partial inspection conducted by Tom Kaldenbach and Rob Zuber of DRMS. Kathy Welt <br />and Rozellyn Hall represented the operator. <br />Photographs taken during the inspection are attached to the end of this report. With the operator's <br />consent, this report was issued from the Denver office of DRMS. <br />The longwall was active in the last quarter (west end) of E-Seam Panel 1. Snow cover in some areas <br />limited observations and prevented access to higher elevations. Inspection was limited to the main <br />surface facilities area, Sylvester Gulch, and the train loadout. <br />Signs and Markers <br />Mine i.d. signs were properly displayed at the two entrances to the main surface facilities area on <br />Highway 133 and at the entrance to the train loadout on Highway 133. Topsoil markers were properly <br />displayed in all areas inspected. Surface disturbance markers have recently been added, marking the <br />perimeter of surface disturbances in the main surface facilities area and in Sylvester Gulch. Stream <br />buffer markers were in place in Sylvester Gulch and next to the North Fork of the Gunnison River <br />along the northern perimeter of the main facilities area. <br />Roads <br />Road surfaces were in good condition in all areas inspected. <br />Hydrologic Balance <br />Sediment control ponds MB-2R (CDPS outfall 004) and MB-3 (CDPS outfall 005) contained low <br />levels of water and were not discharging. The embankments and inslopes of these ponds appeared in <br />good condition. <br />No discharge was occurring at the mine water discharge site in Sylvester Gulch (CDPS outfall 017). <br />Construction continues on structures approved in TR-119 that included: new pond MB-5E, a 48-inch <br />diameter HDPE pipe that will be buried and will feed runoff to pond MB-5E, a bridge across the North <br />Fork that will provide access to pond MB-5E, and a concrete-lined sump next to pond M13-2R. Ponds <br />MB-2R and MB-5 will be reclaimed, as they will be replaced by MB-5E. Also, pond MB-1 will <br />converted to freshwater storage and will be re-named pond FW-2. Silt fence and/or straw waddles <br />were in place along the downslope perimeters of these construction sites. <br />3