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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the <br />inspection and the facts or evidence supporting the enforcement action. <br />A complete inspection of the Bear No. 1, 2, and 3 Mines was <br />conducted by Christine Johnston of the Division. Henry Austin of <br />the Office of Surface Mining was present, conducting an oversight <br />inspection. Basil Bear, of Bear Coal Company, accompanied the <br />inspectors. The inspection was conducted over two days. The first <br />day records were reviewed. On the second day, the review of the <br />records was completed and the site inspection was conducted. <br />Availability of Records <br />The records for the Bear mine are located at the mine office. <br />Please see the attached form "DMG Availability of Records" for <br />comments on records reviewed. <br />Hvdrolo4ic Balance <br />The culvert (Culvert #4) along the road that had been partially <br />blocked by the slide which occurred this spring, has been cleaned <br />and is in good working order. All other culverts and ditches were <br />clear. The operator informed me he is considering removing the <br />second (downhill) Culvert #1 from the drainage control plan. The <br />road has been regraded to shed water more quickly and thus does not <br />enter this culvert. The first Culvert #1 will remain in place. <br />The operator is aware that a minor revision should be submitted to <br />remove the culvert from the drainage control plan. It appears that <br />this plan is working in the field, as there is no evidence of <br />erosion on the road. <br />The sediment pond contained water, but well below the principal <br />spillway. <br />Earlier in the year, the operator had noted a higher TDS in the <br />pond and trying to determine the cause. They had recently been <br />pumping water that had accumulated in the tunnel at the stacktube <br />into the pond. Mr. Bear collected a sample of this water, sample <br />known as drawdown tunnel, and the analysis showed a very high TDS, <br />which would not be expected of surface water. Mr. Bear believes <br />that the water is coming from the abandoned workings of the <br />Windjammer Mine. The Windjammer did have an opening approximately <br />150 feet above the current level of the Bear facilities, near the <br />first conveyor support. Mr. Bear also has a hypothesis that the <br />water from the Windjammer is affecting well AA3. We discussed <br />during the next spring, when flows are higher, adding some tracer <br />dye or radioactive substance to see if it appears in the well. We <br />