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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. General Comments This was a complete inspection of the McClane Canyon Mine, conducted by Dan Mathews of the DMG Grand Junction Field Office. Mine Manager Gary Isaac was contacted at the beginning and the conclusion of the inspection, but he did not accompany during the field inspection. Weather was partly cloudy and cool. Ground conditions were moist in most areas, muddy in shaded sites and heavy traffic areas in the portal vicinity. There was standing water from recent precipitation in the in-ditch sediment trap and several of the silt fence ditch outlets and culvert inlet sumps along the haul road. Coal was being conveyed out of the mine and loaded onto trucks during the inspection. Availability of Records Required records were on file and up to date through the 4th quarter, 2006. Roads Haul Road surface, ditches, and culverts were generally in good condition. One exception was the outlet end of Culvert "K", the 12" road culvert that outlets near the sediment pond inlet. A vehicle had recently rolled over the outlet, which was partially crushed. I pried the culvert open to functional condition, but some minor excavation and further work may be warranted to restore design condition. Measures should also be taken to prevent similar damage in the future. Please repair the culvert and install appropriate protective measures. The straw blanket placed on the road fill near the Culvert "H" inlet after seeding of the slope last fall was "rolled up" along the edges in a couple locations. The blanket needs to be spread out as warranted and staked down better to prevent wind damage or undercutting. Hydrologic Balance East Salt Creek was flowing from snowmelt runoff at the time of inspection. There was a small flow in McClane Creek, which was due entirely to mine discharge (in-mine sump was being pumped out during the inspection). The mine discharge water was very clear, in contrast to the murky flow of East Salt Creek. The sediment pond contained water at the approximate elevation of the gated spillway inlet. The embankment appeared stable, with no evident settling or seepage. SAE silt fences were generally in good condition, with the exception of the construction dirt stockpile SAE silt fence, which appears to be somewhat worn, and fabric was torn loose from the stakes in a couple locations. The silt fence should be replaced. An old cable spool had rolled into the ditch along the south side of the coal yard, and should be removed. Drainage diversion and collection structures appeared to be properly maintained and functional. Material from the sediment drying area adjacent to the sediment pond had recently been hauled to the coal waste disposal site in the Munger Canyon permit area. 3