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III. Comments -Compliance <br />Below are comments on the inspection. The comments include discussion of <br />ouservations made during the inspection. Conments also describe any <br />enforcement actions taken during the inspection and the facts or evidence <br />supporting the enforcement action. <br />On March 31 and April 1, 1993 a complete inspection was conducted at Kerr Coal <br />Co., Marr Strip Mine. This inspection was also an U.S. Office of Surface Mining <br />(OSM) oversight inspection. The inspectors were Randall Price and David Berry <br />of the Division of Minerals and Geology; representing OSM were Steve Rathbun <br />and Henry Austin. The first day of the inspection was snowing and the second <br />day was clear. Conditions were spring like with melting occurring when the sun <br />was out. Roads were wet from snow melt and muddy in spots. <br />Records were checked and some records were missing. Notice of Violation C-93- <br />021 was Issued. The records that were missing are listed in the enforcement <br />actions portion of this report. The certificate of insurance was amended during <br />the inspection to meet the Division's requirements. <br />Ponds D and F were discharging. Samples were taken from pond D for analysis <br />by the Colorado Department of Health. The sample was slightly cloudy. The <br />discharge pipe had been covered with 4 feet of snow that the mine had <br />uncovered earlier. Pond A had some water in it but was not discharging as <br />were ponds B and C. There was minor down cutting of the north Inlet of pond A <br />(see maintenance concerns below). Pond F was discharging clear water and was <br />not sampled. Pond G contained some water but was not discharging. Pond E was <br />filling above the dewatering hole elevation and was not dewatering. It appeared <br />that the dewatering device was frozen. The Division issued NOV C-93-029 (please <br />see the attached enforcement action sheet). <br />Backfilling and Grading was not being conducted at the mine site at the time of <br />the inspection. In 1992 approximately 719,000 ydsl were backfilled in the 720 pit. <br />The mine has committed in the permit application to a minimum backfill of 300,000 <br />ydsl per year during mining and 1,000,000 yds3 per year when mining had <br />completed. <br />Permitting Concerns <br />The following are permitting concerns that came up during the inspection that <br />will require revision to the permit. These should be submitted as part of the <br />technical revision that includes the abatements for the violations. <br />1) There is a 6 inch culvert that drains the wet area on the mine access road <br />as it crosses the drainage to pond D; this needs to be permitted per Rule <br />2.05.3(3)(c)(i), this requires that each permit application contain; <br />"Specifications for each road width, road gradient, road surface, <br />road cut, fill embankment, culvert, bridge, drainage ditch, and <br />drainage structure." Also, at this location there is an unpermitted <br />drop structure from the MSHA berm to the D pond drainage that ~ <br />must be permitted, q..+\q dco:~~u,C vl+~h Io~u1 hA u10w` 'fit ~.S,~e ~ 1't-e 6C r,M`~"~^~` <br />,wis} 6t per.~~IFeA. <br />Marr Strip 1 April 6, 1993 <br />