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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. A partial inspection of the Somerset Mine was conducted by Christine Johnston of the Division. Tom Anderson, representing Pacific Basin Resources, accompanied me during the inspection. A transfer of permit for the Somerset Mine was recently approved by the Division. The previous operator, Somerset Mining Company, was comprised of Bear Coal Company and Pacific Basin Resources. The application transferred the permit from Somerset Mining Company to Pacific Basin Resources. Signs and Markers As the transfer application has been approved, the operator is in the process of changing the permit identification signs to reflect Pacific Basin Resources as the operator of the Somerset Mine. Hvdroloaic Balance A revision is currently under review by the Division to change the elevations of the principal and emergency spillways in the east yard pond. At the time of the inspection the pond did not contain any water; however, the high water line was evident. The high water line was well below the principal spillway. Mr. Anderson stated that the pond has never discharged and was designed and constructed by US Steel, approximately 10-15 years ago. These observations will be taken into consideration when reviewing the revision. Backfill and Grading The majority of the backfilling and grading, according to the current reclamation plan, has been completed at the lower Hubbard Creek facilities. The concrete portal collars were rubbilized and have been backfilled. The area has been graded to maintain positive drainage to Hubbard Creek. Hay bales have been placed at the low area along the perimeter of the disturbed and the undisturbed areas (at the edge of Hubbard Creek). A small berm lines the remainder of the perimeter. The Division recommended that hay bales be placed along the entire perimeter until a vegetative cover can be established. Large boulders have been placed at the backfilled area to prevent any disturbance by vehicles. The portion of backfilling and grading not completed is the removal of the Hubbard Creek crossing which includes a culvert and earthen fill. The BLM has requested informally to the operator