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III. COMMENTS -COMPLIANCE p~ ~iv- ~(~,~,ee ~ C-~'~-o a-a aa~~~,vv ~r~ 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 of the Elk Creek and Sanborn Creek Mines conducted by Jim Stark of CDMG. Jim Kiger of OMLLC accompanied me on the inspection. The weather was warm and sunny and the ground was damp in places due to recent heavy rains. The mine was actively producing coal at the time of the inspection. Signs and Markers: All of the necessary signs (including the mine ID sign, topsoil stockpile signs and disturbed boundary signs) were in place and contained the necessary information. Roads: The mine access road was stable and in good condition. -The road to the Elk Creek mine was stable and in good condition. There were no erosional problems or rutting on the road. - The haul road to the refuse piles was stable and in good condition. There was no rutting or erosional problems noted on the road. -The access road along the old conveyor corridor to the Somerset Portals was stable and in good condition. Hydrologic Balance: The SS-3 pond was dry at the time of the inspection. The embankment was well vegetated and appeared to be stable. No erosional problems were noted on the pond embankment. -The East Yard pond contained a small amount of water at the time of the inspection. The primary and emergency spillways are both pipes. The pipes appeared to be clear and functioning properly. The pond embankment was well vegetated and appeared to be stable. There were no erosional problems noted on the pond embankment. - Pond A contained water at the time of the inspection but was not discharging. The pond had some vegetation on the embankments. There was some erosion beginning between the concrete road barriers and the pond that needs to be watched so it does not become a problem. - Pond B contained water at the time of the inspection but was not discharging. There was some sediment at the inlet of the pond. The primary (gated valve) and emergency (open channel) spillways appeared to be in good condition. The embankment was well vegetated and appeared to be stable. No erosional problems were noted on the pond embankment. - Pond D contained water at the time of the inspection but was not discharging. The primary and emergency spillways are both pipes. Neither pipe has a trash rack or anti-vortex device. This was discussed with the operator and he said that he would have them installed on the spillways. The pond embankment was well vegetated and appeared to be stable. There was some very minor rilling at the inlet of the pond. This needs to be watched to make sure it does not become a problem.