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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. This was a complete inspection conducted by Joe Dudash of the Colorado DMG. Bill Beaz represented the operator during the field inspection and the records check. The operator is almost done with the longwall move. There was a recent precipitation event in the azea. In the morning, the ground was frozen but warmed up later in the day and became muddy. Main Mine The roads at the main mine site were passable and in good condition. The guazd rail was up along the paved haul road and the access road up to the utilities bench had its outside berm. Road ditches and culverts were functional. The rock catchment berm above the utilities bench was stable. There have not been any recent rockfalls in that area. There were no erosional gullys at the utilities bench topsoil stockpile. The seep on the west side of the bench was frozen and very small in volume and extent. The cut slope above the B-seam vent shaft pilot hole pad was stable. The utilities bench back ditch had sufficient capacity. Surface disturbance mazkers were up. There was no evidence of any slope instability above the road to the utilities bench and in the cut slopes behind the mine office and warehouse buildings. There was very little stockpiled coal on the D-seam portal bench. The mine facilities on that bench appeared to be in order. There were no fuel leaks at the fuel facility. There were no problems at the material storage areas. The cap and powder houses were locked. The sediment control ditches and culverts were functional in this area and the bench's outside berm was present. The portal highwall was stable. Surface disturbance markers defined the disturbed area. At the B-seam portal bench, the operator is planning on dismantling the vent fan. The fan is no longer needed since the main vent fan shaft has been constructed. The bench outside berm was in place. There was a moderate vegetative cover on the cut slope above the bench. The coverfill excess material stockpile appeared to be stable. The concreting of the road ditch directly below the coverfill excess material stockpile was completed. The main topsoil stockpile was well vegetated. The collection and diversion ditches were we]] grassed and had sufficient capacity. No erosional problems were noted with the pile. Topsoil signs were up. There was only a little stockpiled coal on the coal stockpile bench at the bottom of the hill. The stockpile bench berm on the outside edge of the bench was functional. The wash plant was not operating during the inspection. The cut slope above the plant was stable. Culverts and ditches around this site were functioning properly. The highway ditch had been recently maintained. There was only a couple of feet of standing water in Pond B. The primary dischazge tube was connected to the float. Spillways were operational and the embankment was stable. There was no sign of offsite fugitive dust.