INSPEC04281

• Permit No: C1980004
• IBM Index Class Name: Inspection
• Doc Name: Inspection Report
• Inspection Date: 12/7/2004
• Media Type: D
• Archive: No

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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 quarterly inspection of the McClave Canyon Mine, conducted by Dan
Mathews of the DMG Grand Junction Field Office. Bruce Fowler and Desty Dyer of BLM
were on site for an underground inspection, and accompanied me on part of the surface
inspection. Mine Manager Walter Whitledge was contacted at the beginning and at the
conclusion of the inspection, but he did not accompany on the site inspection. •Weather
was cloudy and cold, with 4 to 6 inches of snow cover in most areas. There was a large
stockpile of coal at the time of the inspection, the mine conveyor was running and coal was
being loaded and hauled from the stockpile.
NOV CV-2004-005 Abatement
The NOV was issued on 11/19/04, due to settling and cracking of the sediment pond
embankment. Remedial abatement Item 1 (as extended) required the operator to "dewater
Sediment Pond and excavate 'in ditch' sump on road ditch above Pond (for sediment
containment during embankment repair) by 5pm, 11/29/04". I verified that the sump had
been excavated on the afternoon of 11/23/04. The pond had been fully de-watered prior to
my inspection on 12/7/04. Sediment had been excavated from the pond inlet area, in
addition to the clean-out of the "in-ditch" sump. Abatement Item 1 has been fully abated.
Remedial abatement Item 2 required the operator to "excavate failed embankment and
reconstruct embankment in accordance with approved design and applicable requirements
of 4.05.6, 4.05.9(1), 4.05.9(6), and 4.05.9(71, by 5pm, 12/3/04". The embankment re-.
construction had been completed prior to my inspection of 12/7/04, in apparent compliance
with applicable requirements. Abatement Item 2 has been fully abated.
Final Abatement Item 3 requires the operator to "submit P.E. Certification of the
reconstructed embankment in accordance with 4.05.9(14)" by 12/17/04. The certification
required by Abatement Item 3 has not yet been submitted, and the abatement item remains
in effect.
Availability of Records
Required records were on file and up-to-date in the mine office. See "DMG Availability of
Records"form attached.
Signs and Markers
As noted in the November inspection report, the Mine I.D. sign will need to be replaced to
reflect Central Appalachia Mining, LLC, as permittee and operator, upon final approval of the
pending permit transfer (December 17, 2004, if there are no objections filed during the
public comment period). The operator indicated they were aware of this, and that the signs
had been ordered.