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III. COMMENTS -COMPLIANCE Below are comments on the inspection. The comments include discussion. of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. . This was a complete inspection conducted by Joe Dudash of the Colorado DMG. Bill Bear represented the operator. The records check was conducted on 11/17/03 and the field inspection occurred the following day. There had been a recent snow fall. The upper elevations had snow while the lower elevations were very muddy due to the snow melt. The operator is mining the D9 panel. Once that panel is finished, mining at the WD panels will begin. Siens and Markers Mine ID signs were up at the appropriate locations and contained the correct information. Surface distwbance markers were up along the disturbed area boundary. Roads The paved haul road was in good condition. The guard rail was functional. The excavated material from the wash plant project was being placed on a portion of the gob pile haul road. Sediment control for that portion of the road consisted of silt fence. The road from the D-seam portal bench up to the water tank bench was in good condition as well. The road ditch and berm were functional. The roads at the unit train loadout were also in good condition. Facilities The water tankbench was covered in snow. The bench berm was functional. The diversion ditch at the back of the bench was snow covered. The work on the backup vent fan is completed. There was no slumping of the cut slope above the road leading to the water tank bench. The coal stockpile on the D-seam portal bench was moderate in size. There was no snow at this bench level but the area was muddy. The berm on the outside edge of the bench was funcfional. There were no leaks at the fuel bam and there were no problems at the material storage area. No evidence of slope failwe was seen in the cut slope behind and above the office. The major earthmoving work on the B-seam portal bench is complete. Development of the mains has begun. The work on the material storage across the paved haul road from the B-seam portal bench is also complete. The excavation of the facilities azea for the wash plant is progressing. Work has begun on the west side of the coal stockpile bench for the addition of a third stacker tube. There was a moderate amount of stockpiled coal on that bench. There were no problems with fugitive dust from the stockpiled coal. The unit train loadout site was in excellent condition. At the time of the inspection, there was no train on site. No evidence of fugitive dust was observed at the site. The site was very clean and well maintained.