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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 />General Comments <br />This was a partial site inspection of the Munger Canyon Mine, conducted by Dan Mathews of the DMG <br />Grand Junction Field Office. Mine Manager Walter Whitledge was contacted at the beginning and the <br />conclusion of the inspection, but there was no operator contact present during the field inspection. The <br />Loma Loadout site was inspected at 11:40 a.m., the Munger Mine site at 12:40 p.m. Weather was <br />cloudy and cool. Ground conditions at the loadout were moist, conditions at the mine area were moist to <br />muddy, from recent precipitation and snowmelt. There was no remaining snow cover in the vicinity of <br />the coal waste disposal area or other disturbed areas along lower Munger Creek. The upper access road <br />and the portal bench area could not be accessed, due to a recent small slide and rockfall on a lower <br />segment of the steep canyon segment of the access road. Large sandstone boulders blocked vehicle <br />access up the road. <br />One enforcement action was taken based on this inspection, Notice of Violation (NOV) CV-2005-004. <br />Description of Enforcement Actions <br />NOV CV-2005-004 <br />Nature of Violation and Portion of the Operation <br />NOV CV-2005-004was issued April 7, 2005, based on observations made during the inspection on March <br />30. The NOV was issued for Fai/ure to complete initial site deve%pment associated .with new coal mine <br />waste disposal facility in compliance with approved plan. Specifically, culvert CMP-3 was not installed. <br />/n addition, rock material segregated during excavation was stored in anon-designated location, where <br />topsoil had not been salvaged. <br />Site development for the coal waste disposal facility, including soil salvage, drainage controls, re- <br />alignment/construction of a new haul road segment, and foundation preparation for initial phase coal <br />waste disposal was completed in November/December 2004. Initial disposal of small volumes of waste <br />coal material and sediment cleanings from McClave Canyon Mine occurred shortly after completion of <br />construction. The site had been inspected previously by the Division, but the fact that Culvert CMP-3 <br />had not been installed was missed. Snow cover had made detailed ground observations difficult until <br />recently. <br />There are two primary components to the NOV, Culvert CMP-3 and a temporary rock storage area. <br />CMP-3 <br />CMP-3 is an approved 24" CMP culvert located immediately to the east of the eastern end of the haul <br />road realignment segment (which was constructed during waste disposal site development). The culvert, <br />when installed, would divert undisturbed drainage from a 7.4 acre watershed away from the disposal area <br />sediment pond collection system, and beneath the pre-existing Munger Canyon access road, immediately <br />to the east of the waste disposal site approved disturbance area. The approved culvert location is <br />depicted on the "Waste Rock Disposal Site Plan" map, Figure 2.2-6. Narrative on page 2-12 and 2-13, <br />Section 2.2.5 of the approved permit application states that "drainage of the eastern portion of the <br />upland area (7.4 acres) has been diverted to flow beneath the existing haul road, through CMP-3, and <br />joins a natural drainage channel". The "Refuse Pile Pond, Runoff Volume "table, in Appendix M(vii), p. <br />3 <br />