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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 partial inspection conducted by Joe Dudash of the Colorado DMG. Bill Beaz represented the operator during the field inspection. Facilities The operator is fmishing up the excavation and temporazy storage of soil materials from the construction of the B-seam portal bench. The operator was enlazging the berm on the outside edge of the portal bench. Three adits are being driven into the slope towards the coal reserves. The operator can not develop any of the B-seam coal reserves until Permit Revision No. 8 is issued. The public comment period for PR-08 ends on October 31, 2003. The excavated material for the construction of the B-seam portal bench is being stored across the haul road at the new soil material storage azea. The operator is finishing up this soil material storage azea as well. Large boulders have been placed on the entire outslope of this.storage area. Drainage ditches still need to be constructed at this site. The operator is in the process of excavating material for the prepazation plant bench. The excavated material is being placed along the outslope of the gob pile haul road section just west of Pond C. Silt fence is being installed for sediment control during construction. The operator is preparing to install silt fence and, then, break ground on the new mine equipment material storage area, located immediately west of Pond D. There were two dozers moving coal on top of the coal stockpile adjacent to the highway. There were no problems with fugitive dust. Roads The paved haul road was in very good condition, as was the gob pile haul road leading to Pond C. Hydrology_ The operator has set up the facilities to add flocculent to Pond C. A small shed has been constructed to store the chemicals. A turbidity curtain has been placed into the back area of the pond to aid in the flocculent application. Bowie will be discharging and testing the effluent soon. Pond D was dry. Pond spillways were functional. Embankments were stable.