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III. COMMENTS -COMPLIANCE Below are comments on the inspection. The comments include discussion of observations made duiipg 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 by Joe Dudash of the Colorado DBMS. Bill Bear represented the operator. Main Mine There was only a little stockpiled coal on the D-seam portal bench while there was a moderate amount of stockpiled coal on the lower bench by the highway. The outside berm on the lower bench was functioning properly. There was no evidence of fugitive dust offsite or coal dust being tracked onto the highway. The operator has done a very good job of cleaning up the coal that had fallen onto the slope below the conveyor line that runs between the B-seam portal bench and the D-seam portal bench. The coal had fallen due to a tom conveyor belt. All of the fill bench outslopes had good vegetative cover. The operator is finished repairing the haul road outslope above the B-seam portal bench. The road section still needs to be asphalted. There was a moderate volume of water in pond B. The operator is close to discharging from this pond, The float, however, needs to be reattached to the end of the primary discharge tube hose. The pond embankment was stable and the spillways were functional. The ditches leading into pond B had sufficient capacity. Just to the west of the Fire Mountain Canal and south of old highway 133, silt fence will need some repair soon. The area underneath the conveyor south of old highway 133 was well grassed and clean. The wash plant was not in operation since the recently mined coal has been clean. There were no problems at the pump house, although more surface disturbance markers are needed. Mine ID signs were up. Coal Waste Stockpiles The operator has nearly completed gob pile no. 2. However, coal waste already placed at gob pile no. 2 will be permanently transferred to the newly completed west expansion area. The top of gob pile no. 2 will, then, be used for the drying of newly placed coal waste. There was positive drainage on top of gob pile no. 2. There were no erosional problems on the soil-covered lower two bench outslopes. The gob pile road was in good condition. The outside berm was in place and the road ditches had sufficient capacity. The gob pile topsoil stockpiles were well vegetated and protected by straw bales. Signs were up. Pond D was nearly dry. Pond C had a moderate amount of water in it but was not discharging. There was a little water in pond F. The primary discharge pump was in place. The float needs to be reattached to the end of the primary discharge hose. The pond embankment was stable but not very well vegetated. More surface disturbance markers are needed at this site. The ditches leading into pond F all were functional. Unit Train Loadout A fully loaded unit train was sitting at the Loadout. There were no problems with fugitive dust. The site was very clean. Pond J and pond K were dry. The Loadout bench was well vegetated. Hubbard Creek Geotech Drillhole The contractor was in the process of drilling the geotech hole. A small mudpit had been constructed for drilling fluids. The topsoil pile was marked and protected. Mine 1D signs and stream buffer zone signs were up. However, more surface disturbance markers would be a good idea. Silt fence and straw bales were in place. c:/word/bowie2/insp0407