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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 /> There were two purposes in conducting this inspection. The first was to conduct a complete <br /> inspection, oversighted by the Office of Surface Mining (OSM). The second purpose was to conduct a <br /> special focus inspection for signs and markers, oversighted by OSM. Representing the Bear Coal <br /> Company was Bill Bear. Representing OSM was Christine Belka, Christy Hulsman and Howard <br /> Strand. Joe Dudash represented the Colorado Division of Reclamation, Mining and Safety. <br /> Signs and Markers <br /> The mine identification sign was clearly visible on its post at the entrance to the site at the top of the <br /> hill. The required mine information was on the sign. On the same post was the "records location" sign. <br /> Surface disturbance markers were up around the disturbed area. The markers consisted of the chain <br /> link fence along the river, permit boundary signs and white pvc pipe on t-posts. Due to safety concerns <br /> and difficulty in access, there were no surface disturbance markers in the vicinity of the cliff. The "no <br /> trespassing" sign was on the front gate. <br /> Roads <br /> The paved entrance road was in good condition. There was no debris from the adjacent landowner <br /> blocking the road and the cable guard was in place on the outside edge of the road. The bridge across <br /> the North Fork of the Gunnison River was passable. The entrance gate at the bottom of the hill and <br /> east of the bridge was open. <br /> Hydrology <br /> There was no standing water in the sediment pond. The gate on the primary discharge pipe was <br /> closed. A large rock had, apparently, been placed at the outlet of this pipe, presumably to prevent <br /> wildlife from nesting in the pipe. However, the rock would have prevented full flow through the pipe <br /> and, therefore, was removed. Just inside the pipe outlet was a smaller rock that will need to be dug <br /> out in order to allow full flow through the pipe. The discharge pipe was still functional, however. The <br /> riprapped emergency spillway was clear of debris and the sediment pond inslopes and outslopes were <br /> stable. <br /> The two collection ditches that flow, one into the other, and, then, into the sediment pond, had <br /> sufficient capacity. The ditches had a moderate vegetative cover. <br /> The hillside spring water treatment pond was discharging at about 10 gallons per minute. The <br /> treatment pond discharge was being piped to the river. The discharge water had its characteristic <br /> orange color, which has been found in the past to be in compliance with water quality standards. The <br /> water level in the treatment pond was about 8 inches below the level of the horizontal pipe. The <br /> inslopes and outslopes of the treatment pond were stable. <br /> The hillside spring was flowing out of the hillside at a point about 20 feet from the bottom of the hill. <br /> The flow was channeled properly to the treatment pond by way of a constructed ditch and culvert. <br />