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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments <br />also describe any enforcement actions taken during the inspection and the facts of evidence supporting the enforcement action. <br />GENERAL MINE PLAN COMPLIANCE <br />Operations and reclamation activities were in compliance with the general mine plan. Routine removal of <br />overburden and interburden (blasting, shovel, truck and dragline), and extraction of coal, was underway in <br />the West Pit. <br />Overburden and interburden from the West Pit was being placed as described under BACKFILL above. <br />Extracted coal was being hauled to the crusher and to the Gossard Loadout. <br />Highwall mining was underway in the East Pit (see SPECIAL CATEGORIES OF MINING below). <br />There was no activity in the Section 16 Pit. <br />EXCESS SPOIL & DEVELOPMENT WASTE <br />See BACKFILL AND GRADING above. Overburden and/or interburden were being dumped in the <br />transition zone of West Pit Excess Spoil Fill and West Pit backfill. <br />SPECIAL CATEGORIES OF MINING <br />Highwall mining was underway in the East Pit. Coal was being extracted, but the seam and stationing of the <br />equipment were not determined during this inspection. Portals were being sealed in compliance with the <br />permit. Coal was being stockpiled at the end of the stacker by dozer. <br />Page 4 of 5, inspection of 6 January 2005, BGW <br />