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111. COMMENTS -COMPLIANCE <br />West Elk C-80-007 <br />Pg 1 /3 20 July 2004 <br />Below are comments on the inspection. The comments include discussion of observations <br />made during the inspection. Comments also describe any enforcement actions taken during <br />the inspection and the facts or evidence supporting the enforcement action. <br />This was a partial inspection and a bond compliance inspection of the West Elk Mine <br />conducted by Jim Stark of CDMG. Mike Berzonick and Kelly O'Rourke of Mountain <br />Coal accompanied me on most of the inspection. The inspection was started on 20 <br />July 2004 and completed the following evening (21 July 2004). The mine was actively <br />producing and loading coal and hauling refuse to the refuse pile expansion. The <br />weather varied throughout the days from hot and sunny to warm and rainy and the <br />ground was either dry or wet, depending on the weather of the moment. There was <br />a fairly large rain the night of 20 July 2004 (beginning at approximately 17:30 and <br />lasting approximately 45 minutes). <br />Signs and Markers: All of the necessary signs (including the mine ID sign, topsoil signs, <br />disturbance boundary signs, etc.) were in place at both the mine site and the <br />loadout across Highway 133 and contained all of the necessary information. <br />Roads: -The main haul/access road is a paved road. The road was stable and in <br />good condition. <br />-The Sylvester Gulch haul road is a gravel road. The road was well maintained and <br />stable at the time of the inspection. There were no rutting or erosional problems <br />observed on the road. <br />-The LRP light use road and the stack tubes light use road were well maintained and <br />stable at the time of the inspection. There were no rutting or erosional problems <br />observed on these roads. <br />-All of the roads behind the facility area (the MSB access road, the upper mine <br />access road and the light use roads around the water tank and portal area) were <br />well maintained and in good condition. There were no rutting or erosional problems <br />observed on these roads. <br />Hydrologic Balance: -The polishing pond is a lined pond. it contained water but was <br />not discharging. The pond embankment was stable and well vegetated at the time <br />of the inspection. No erosional features were noted on the embankment. <br />- Pond MB-1 is a lined, two-celled pond. It contained water but was not discharging <br />at the time of the inspection. The emergency spillway is a concrete and riprap open <br />channel and appeared to be in good condition. The pond embankment was stable <br />and well vegetated at the time of the inspection. No erosional features were noted <br />on the embankment. <br />-The freshwater pond is a lined pond that holds water for the water treatment facility. <br />The pond embankment was stable and well vegetated at the time of the inspection. <br />No erosional features were noted on the embankment. <br />-The RPE pond is a lined, two-celled pond. The east cell contained a small amount <br />of water at the time of the inspection but was not discharging. The west cell was dry. <br />The pond embankment was stable and well vegetated at the time of the inspection. <br />