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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 erforcement action. This was an aerial inspection that was flown on December 16, 2003. The digital images were reviewed on December 31, 2003. There were no compliance problems observed during the overflight. A recent snow covered the mine site, although the snow cover melted on the active azeas and on south-facing slopes, Roads All of the haul roads were free of snow and dry. The paved main haul road was in very good condition. The access road that leads up from the portal bench to the water tank bench was snow covered but appeazed to be passable. Tousoil Stockpiles The south-facing slope of the main topsoil stockpile and the unit train loadout topsoil stockpile were free of snow. There were no signs of erosion on either of the stockpiles. Collection and diversion ditches around the topsoil stockpiles appeazed to be functional. Hydroloev There was a fair amount of snow and ice-covered water in Pond B and Pond C. There was only a little snow-covered water in Pond D. Pond embankments and inslopes appeazed to be stable. Slope Stabilitv There were signs of geotechnical slope instability at any of the cut and fill slopes. Facilities Construction work continues on the wash plant bench and the coal stockpile reclaim system for the wash plant. There was a small amount of coal that was stockpiled on the portal bench, while a moderate amount of coal was stockpiled on the bench along old State Highway 133. The construction of the B-seam portal bench is largely finished. Waste Coal Disposal Site The top of the coal waste pile was almost completely free of snow cover. No ponding of water was evident. The road leading up to the coal waste pile was cleaz of snow and appeazed to be passable. c:; word/bowie2/insp 1203