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<br />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 <br />inspection and the facts or evidence supporting the enforcement action. <br />A complete inspection of the West Elk Mine was conducted by <br />Christine Johnston of the Division. The inspection took place over <br />two days; a review of the records was conducted the first day and <br />the second day consisted of the site inspection. The weather <br />during the inspection was clear and sunny. It had snowed over the <br />weekend and most of the snow had melted, but there were still <br />pockets of snow on the ground. Henry Barbe of MCC accompanied me <br />during the inspection. Kathy Welt was available to discuss <br />permitting. <br />Availability of Records <br />Records for the West Elk Mine were reviewed at the mine office. <br />For specific records reviewed and comments, please see the enclosed <br />form entitled, "DMG Availability of Records". <br />Hydrologic Balance <br />The silt fence and hay bales at the Lone Pine substation should be <br />replaced prior to the onset of winter. These structures are part <br />of the SAE demonstration. MCC is considering enlarging MB-4 at the <br />loadout to improve the efficiency of the pond to settle solids. <br />Piezometers are being drilled in this location to determine the <br />possibility of enlarging the pond. Construction on the sediment <br />trap at MB-1 has begun. Ditches noted during the Division's last <br />inspection have been maintained. The shotcrete ditches noted <br />during the last inspection as being cracked or a "lip" which could <br />potentially allow water to pipe under the shotcrete have been <br />repaired. Ditches noted during this inspection as requiring <br />cleaning are D3-2 and D2-2B. The sediment trap at MB-3 also <br />requires cleaning. <br />Topsoil <br />Prior to the onset of winter, MCC should reconstruct topsoil and <br />subsoil stockpiles from the remaining soil which was used in the <br />reclamation of the west facing slope of the refuse pile, to ensure <br />that the piles are stable and will not be disturbed by mining <br />operations and be protected from wind and water erosion. MCC has <br />subsoiled and topsoiled the west facing slope of the lower refuse <br />pile. Seven test holes were dug to verify the depth of soil. The <br />amount of cover required on the lower refuse pile is 18-24 inches, <br />1 <br />