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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made during the <br />inspection. Comments also describe any enforcement actions taken during the inspection and the facts or <br />evidence supporting the enforcement action. <br />This was a complete quarterly inspection of the Munger Canyon Mine site and the Loma <br />Loadout. The loadout was inspected at 1 p.m. and the mine site at approximately 2:30 <br />p.m. Operator contact Rodney Head was present during the mine site inspection but not <br />during the loadout inspection. Weather was clear and mild. <br />One item of concern was discussed with operator representatives Walter Whitledge and <br />Rodney Head prior to the mine site inspection. The issue discussed was the pending permit <br />transfer from Lodestar Energy Incorporated (LEI) to Central Appalachia Mining (CAM). The <br />federal coal leases have been assigned to CAM, as a consequence of the LEI bankruptcy <br />proceedings, but the lease assignments have not been approved by BLM. The Division may <br />not be able to approve the permit transfer until BLM approves the lease assignment to CAM <br />BLM has not approved the assignment, because of a royalty payment default by LEI. The <br />operator representatives stated that CAM was willing to pay the required amount, but they <br />had received conflicting information from Minerals Management Service (MMS) regarding <br />the amount owed. <br />Following the inspection, I contacted Karen Purvis of the BLM State Office, Solid Minerals <br />Branch. Ms. Purvis stated that she also had received conflicting information from Minerals <br />Management Service (MMS) regarding the royalty amount that would need to be paid. She <br />indicated that the royalty issue was limited to Lease #0125439, and she further stated that <br />the issue could be resolved in one of two ways; CAM could pay the required amount or <br />CAM could refuse to pay and the amount could be taken from the lease bond. I passed this <br />information along to my superiors in the Denver office. <br />Availability of Records <br />Required records were on file at the mine office and up-to-date through the 3r° Quarter, <br />2003. See attached DMG AVAILAB/L/TY OF RECORDS form. <br />Signs and Markers <br />Mine I.D. signs were in place at the mine site and Loma Loadout, and contained required <br />information. The signs will need to be updated to provide new permittee information upon <br />approval of the pending permit transfer from LEI to CAM. <br />Roads <br />The mine site access road had been recently graded, and was in good condition. All <br />culverts and culvert outlet structures were properly maintained and functional. <br />Hydrologic Balance <br />Mine site SAE-1 rock filter/silt fence structure was properly maintained and functional. The <br />depression up-gradient from the rock filter was dry. Minor re-grading had been performed <br />