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III. COMMENTS -COMPLIANCE Below aze 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. Coal Refuse Stockpile Area The gob pile haul road was in good shape. The outside berm was in place and road ditches had sufficient capacity. Pond C had only a little ice-covered water in it. The pond spillways were functional. The float was attached to the free end of the primary discharge tube hose. The ice-covered water level in pond D was up to the primary discharge pipe. Surface disturbance markers were up. The road up to gob pile no. 1 was rather muddy but passable. The road culvert at the entrance to gob pile no. 1 could use some maintenance soon, however. There have not been any new additions to this pile. The pile had positive drainage and the underdrain was exposed in the back of the pile, as designed. Diversion ditches and collection ditches were functional. The haul road leading to gob pile no. 2 was passable, although the road culvert at the entrance to the refuse pile will need cleaning soon. The operator has been placing a considerable amount of refuse onto gob pile no. 2 recently. The wet refuse that had been stored on top of the pile for drying was being spread out, mixed with soil material, and then graded and compacted. The refuse pile top had positive drainage, as did the pile terrace and outslopes. The underdrains were open at the rear of the pile, as required. The operator was also in the process of constructing a new upland diversion ditch, since the refuse pile has grown in height. There was only a little ice and water in pond F. The pond spillways were operational. A few more surface disturbance markers are needed along the highway. The ditches and culverts associated with gob pile no. 2 were functional. The coverlill stockpile was snow covered but there was no evidence of any slope instability. The ditches around the cove~ll stockpile site will need maintenance soon. There were no problems observed at the pump house across the highway. Straw bales were in place. Unit Train Loadout The road to the loadout was dry and in good condition. The mine ID sign was up at the entrance. No coal loading was taking place during the inspection although empty coal railcars were on site. There was no evidence of fugitive coal dust going offsite. The bench outslope was stable and well vegetated. There was no water, only a little snow, in Pond J. The pond embankment was stable and spillways were functional. There was a little ice-covered water in Pond K. The spillways were operational and the embankment was stable. The collection ditch leading to Pond K had sufficient capacity. Ditches and culverts around the loadout site were operational. The main topsoil stockpile had no problems. Records The mine records were in compliance, as shown on the attached records checklist. c:/word/bowie2/insp0206