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111. 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. A complete inspection of the West Elk Mine was performed by Christine Johnston of the Division. The inspection spanned two days. The first day I was accompanied by Norm Every of MCC and John Rold, consultant to MCC. The first day of the inspection focused on investigating subsidence cracks identified in the previous two subsidence reports submitted by MCC. The second day I was accompanied by Henry Barbe of MCC. This day the focus was on the disturbed area associated with the West Elk Mine. AVAILABILITY OF RECORDS The as-built certifications of MB-2R and MB-3 have been completed (certified September 18, 1994) and were available for review. These certifications should be sent to the Division to be incorporated into the permit. MCC should consider completing the annual inspection and certification of MB-1 and FW-1 before the good weather ends. The annual inspection required by the SPCC plan was completed on September 6, 1994. The Dry Meadow Reference Area pictures should be taken before the end of September as required by MCC's permit. I received the certification of a critical construction period for the west side of the refuse pile. This work was done per TR#66. According to the certification all organic material and topsoil was removed, the underdrain was placed, and the surface drainage system was installed. I also viewed photographs taken during the installation of the underdrain. These photos will continue to be available at the mine site. MCC has provided notification to their employees regarding the "whistleblowers" protection afforded them under SMCRA. A copy of this notice is provided for review with other MCC records. There is also a copy of the Forest Service permit to use various roads for exploration projects this year. HYDROLOGIC BALANCE Shotcretinq of ditches continues on the site and appears to be close to completion. Shotcrete has narrowed the inlet of C2-8A, which should be cleared. However, the capacity of the culvert has not been jeopordized. D2-7F, D3-2, D3-2B and C2-5 require maintenance. The concrete trench under the fan still needs cleaning. The upper diversion ditches (DCW-lA and 1B) were inspected and should continue to function as designed. The french drain installed at the topsoil pile to drain a spring noted during