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111. COMMENTS-COMPLIANCE Below are comments on the inspection. The comments include discussion.of observations made daring 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. The operator has moved the longwall equipment and has begun mining the D-Seam in panel WD-1. Facilities The operator is constructing the first of three rock catchment berms above the Bowie No. 2 facilities. This first rock catchment berm was approved in Minor Revision No. 34. The other two rock catchment berms were proposed in Technical Revision No. 31 and are pending review and approval. This first rock catchment berm is just above the water tank bench. The construction of the berm is progressing from east to west. About 350 feet of the 500 foot long structure has been built so faz. Field measurements showed that the rock catchment berm is being constructed as designed. The top width of the berm measured 6 feet across. The width of the ditch behind the berm was about 10 feet deep. The height from the bottom of the ditch to the top of the berm was about $.5 to 9 feet. The upslope side of the berm was close or at vertical The downslope side of the berm was covered with compacted fill. Fach layer of compacted fill that was wrapped in geotextile fabric was about one foot thick. After construction of this berm is fmished, the operator will need to clean out some sections of the ditch that is located at the reaz of the water tank bench. Although still functional, some rocks from the berm construction have fallen into the ditch. When Technical Revision No. 31 is approved, the other two rock catchment berms will be constructed behind the office and warehouse buildings. There were no problems observed with any of the facilities at the D-seam portal bench. There were no fuel leaks at the fuel facility. There was a moderate amount of coal that was stockpiled on the D-seam portal bench and the extent of the coal stockpile on the bench was within the area defined by the surface disturbance boundary markers. The operator is continuing to construct the preparation plant and the coal stockpile reclaim system. The refuse loading bin is finished and the steel superstructure of the prep plant is still going up. Several cranes were on site to facilitate the assembly of the steel superstructure and the overhead conveyor lines. There was a moderate amount of coal on the coal stockpile bench adjacent to old State Highway 33. No evidence of fugitive coal dust offsite was observed. The new stacker tube is in place and the reclaim tunnel was being lined with concrete. The operator is continuing to develop the B-seam portal entries. Coal is being hauled by truck to the upper D- seam portal bench for loading onto the downhill conveyor. The operator is planning on longwall mining in the B-seam sometime around the first quarter of 2005. The operator has begun storing equipment at the newly constructed material storage area just south of Pond C. However, it would be a good idea to install additional silt fence along the east side of the fill. There. were no railcars at the unit train loadout. The loadout bench outslope is beginning to establish a vegetative cover. The loadout area and the conveyor corridor were very.clean. There were no signs of fugitive dust. No problems were observed at the pump house. Sediment control was ir. place.