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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 Tom Kaldenbach of DRMS. The operator was represented by Mike Peacock of Mountain Coal Company. Longwall mining in the B seam was reported in panel 20; development B seam mining was occurring in panels 21 and 25. E seam development mining was occurring in panel E-1 The ground was wet from snowmelt and snow covered much of the site, limiting observations during the inspection. With the operator's consent, this report was issued from the Denver office of DRMS. Roads Road surfaces, embankments, and road ditches and culverts were in good repair in the main surface facilities area and Sylvester Gulch. The planned realignment of the Box Canyon access road was viewed from Highway 133. The realignment will be proposed as part of the Minor Revision that will be submitted for West Elk's next annual operating plan. Hydroloeic Balance Clear water was discharging at an estimated rate of 25 gallons per minute from the mine water discharge location (outfa11017) in Sylvester Gulch. MB-3 and MB-2R were not discharging. Pond MB-2R was discharging less than 1 cfs of clear water. There was no discharge from the loadout sediment sump (MB-4). Unlined ditches next to Sylvester Gulch Road and the concrete-lined ditches in the main surface facilities area could not be inspected due to snow cover. Processine Waste The faces of the Refuse Pile Expansion pile and the Lower Refuse Pile showed no evidence of structural instability. Survey markers were in place on the faces of both piles. The top of the Lower Pile is being used for equipment storage, as approved. Documents Received Durine Inspection An application for Minor Revision MR-339 was received during the inspection. 3