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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations <br />made during the inspection. Comments also describe any enforcement actions taken during <br />the inspection and the facts or evidence supporting the enforcement action. <br />This was a complete inspection conducted by Janet Binns of CDMG. Sandra White, Joe Shoemaker and Jerry <br />Nettleton of RAG- Empire Corp. accompanied the inspection and provided access to the records. The mine is in <br />Temporary Cessation. No active mining activity is occurring on the mine site. <br />Records: Records were checked at the mine office. Records list accompanies this report. The mine is in the <br />process of undergoing a sale and transfer of ownership of the property. A revision (SO) for the transfer of <br />ownership has not been received by the Division at this date. RAG-EC has provided a letter, dated May 7, 2004, <br />apprising the Division of the impending sale. RAG-EC is in the process of acquiring the necessary information <br />and signatures for submission of this Sale and Transfer of Ownership application. The Division has received a <br />renewed insurance policy certificate for RAG-Empire Corporation. The mine insurance document filed on site <br />expires on January 1, 2005. The policy held by RAG-EC remains in effect until the Division approves a Sale and <br />Transfer (SO) of the permit. <br />Signs and Markers: Mine ID sign remains correct with the RAG-EC identification. Once Transfer and Sale <br />revision has been approved, the operator will need to update the information on the sign. Disturbance area <br />boundaries aze marked to the west of Portal No. 5 area. These disturbance area boundary markers consist of <br />white PVC with "DB" stenciled on the pipe. <br />Hydroloeic Balance: <br />Empire pumps activate pumping underground mine water out of the mine at the North Angle 7 location based <br />upon water elevation within the mine. The pump was not pumping at the time of the inspection. The CDMG- <br />Inactive Mines Program is undertaking remediation of an underground coal seam fire in [he Wise Hill No. 3 <br />mine. Water from the No. 6 Mine, pumped from the North Angle 7 pump will be used in the remediation efforts. <br />RAG-EC is cooperating with the Division on this project. PVC pipe has been laid across the land surface to <br />direct water to the surface location of the coal seam fire. IML contractor has trenched the Portal SA access road <br />to run the pipe under the road. Access to the No. SA portal is still maintained by driving around the pump house. <br />Mr. AI Amundson of CDMG is the project manager for this IML project. Pond 9P2 was holding a small pool of <br />water but was not discharging to Pond 9P3. Pond 9P3 was not discharging, water pool is well below discharge <br />level. <br />No. 5 Mine was actively discharging at the time of the inspection. Discharge measured 0.78 on staff gauge on <br />the discharge flume. Discharge water was cleazer than the water flowing in the receiving stream, Williams Fork <br />River. Treatment ponds 5-P5, 5-P6 and 5-P7 were holding water and showed no sign of needing maintenance. <br />Embankments were well vegetated. Several pair of Ruddy ducks were using the ponds. <br />Pond SA-Pl was holding a small pool of water. No concerns were noted with this pond. SH-Pl and SH-P2 were <br />dry. Stopes had good vegetative cover. Ponds 5-P2, 5-P3, 9P1, 9P4, 9P5, 9P7, and 9P8. were all dry and well <br />vegetated. Ditches throughout mine site appear to be functional. A spot along Ditch 5-Dl had material placed in <br />it immediately south of culvert 5-Dl b was identified during the March complete inspection. This material has <br />been removed and ditch 5-Di reshaped. This spot appears a little lower than designed. The operator will need to <br />monitor this location to assure that water continues to drain along this stretch. Facilities at the No. 5 mine <br />appears to be graded to allow for positive drainage. <br />Backfill and Gradine: A portion of the No. 5 portals have been backfilled to the post mining contours, topsoiled <br />and seeded while a portion of the No. 5 portal face up has been backfilled to a temporary configuration. No <br />tilling or gullying has occurred on the recently regraded No. 5 backfilled slope. Slope surface remains in a <br />roughened configuration. Seedling emergence was noted. <br />