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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 complete inspection conducted by Joe Dudash of the Colorado DBMS. Bill Bear represented the operator during the field inspection and records check. [t had rained the night before. Main Mine The main paved haul road and the dirt road leading up to the utility bench were in good condition. Road ditches and culverts were properly maintained. The utility bench outside berm was in place. The small slide on the utility bench outslope has stabilized and the operator has an engineer considering options. The slide does not threaten the stability of the utility bench. The utility bench back ditch was recently cleaned. The rock catchment berm above the utility bench was functioning properly. The topsoil stockpile was stable and the topsoil sign was up on the pile. Surface disturbance markers were also up around the site. There was a moderate amount of coal that was stockpiled on the D-seam portal bench. The portal bench outside berm was in place and the bench area culverts and ditches were functional. There were no problems at the fuel facility or with any of the other mine structures. The highwall was stable. The cap and powder houses were double locked. The material storage area on the portal bench and the material storage area to the east and above the portal bench were well organized. There was no standing water on the B-seam portal bench. The drainage system was working well. No problems were noted with any of the facilities. The road section above the highwall is slowly creeping but the operator has been working with an engineering firm to completely stabilize the immediate area. The road section will be repaved in a couple of weeks. The cross ditches on the B-seam excess material storage stockpile were functioning well. The outslope of the material storage stockpile was stable. The vegetative cover on the main topsoil stockpile was very good and topsoil signs were up. Everything was in order at the material storage area adjacent to the main topsoil stockpile. There was a good amount of coal on the tower coal stockpile bench. The containment berm between the coal stockpile and the highway was working properly. There were no signs of fugitive dust going offsite or of coal being tracked onto the highway. There was a small amount of standing water in pond B but no water was being discharged. The pond embankment was stable and spillways were operational. Culverts and ditches at the mine entrance were clear and the mine ID sign was up at the entrance. The small area exemption areas' sediment control structures near the mine site entrance and engineering building were in place. There was good drainage of the wash plant bench. The outside berm was in place and the culverts and ditches in the area of the bench and the substation were all functioning properly. Cut and fill slopes were stable. Coal Waste Disposal Area The gob pile haul road was in good condition. The road ditches and outside berm were in place and there was no ponded water on the road. The material storage areas along the road were orderly. There was only a little standing water in pond C while pond D was dry. Pond C was not discharging. Pond spillways were functional. However, the public road ditch that receives discharge from pond D needs cleaning. Culverts, ditches and straw bales in this area were functional. However, the road culvert at the entrance to gob pile no. 2 will need some cleaning. The topsoil stockpiles had a good vegetative cover and topsoil signs were up.