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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. General Comments This was a partial site inspection of the Munger Canyon Mine, conducted by Dan Mathews of the DMG Grand Junction Field Office. Mine Manager Walter Whitledge accompanied during the mine site inspection. The Loma Loadout site was inspected prior to the mine site inspection, with no operator contact present. Weather was clear and warm. Ground conditions had dried out considerably since the previous inspection. The small slide and rockfall on a lower segment of the steep canyon segment of the access road, which had previously blocked access to the mine bench area had recently been cleared by the operator. There were several other small slide areas along the upper access road and in the portal bench area. Installation of Culvert CMP-3, which was one component of NOV CY-2005-004, was in progress during the inspection. Signs and Markers New Permit I.D. signs identifying Central Appalachia Mining, LLC as permittee had been installed at both the mine area entrance gate off Highway 139, and at the Loma Loadout, as requested. A couple stream buffer zone signs had been erected at both ends of the topsoil stockpile at the coal mine waste disposal area. At least one additional stream buffer marker should be erected on the north side of the topsoil stockpile. Also, a topsoil stockpile sign needs to be erected on tfris same stockpile. Roads The newly constructed section of road in the vicinity of the coal mine waste disposal area will need to be gravel surfaced as soon as practicable, and prior to any further waste haulage. Drainage from the entire segment of new road is directed by collection ditches into the waste disposal area sediment pond, in accordance with permit designs. - Culvert CMP-3, which had not been installed as required in ,conjunction with initial coal waste disposal area site construction, was being installed at the time of this inspection. The installation had not been completed by the conclusion of the inspection. Abatement deadline for completion of culvert installation is April 29. Spring maintenance had been recently initiated along the upper access road, between the coal waste disposal area and the portal bench area, and was largely completed. Rock and debris had been cleared out of the roadway, and culvert inlet sumps had been excavated. Culverts appeared to be clear and functional, and culvert outlet fabric sleeves and fiber glass tube extensions appeared to be intact. At the Loma Loadout, clean up of coaly material along the entrance road appeared to have been properly completed, and additional gravel surfacing had been laid dowri along the entrance road. Hydrologic Balance There was significant flow in East Salt Creek, and a trickle of flow in lower Munger Creek. 3