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<br />III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the inspection <br />and the facts or evidence supporting the enforcement action. <br />General Comments <br />This was a partial inspection of the McClane Canyon Mine, conducted by Dan Mathews of the DRMS Grand <br />Junction Field Office. I checked in at mine office prior to the beginning of the inspection, and Chuck Silengo of <br />MCM was contacted during the the inspection, but I was not accompanied by an operator representative during <br />most of the inspection. Weather was cloudy, windy, and cool. Ground conditions were moist to muddy from <br />recent rains, and the sediment pond water elevation was above the elevation of the gated dewatering device. <br />Ditch and culvert maintenance operations were underway at the time of the inspection. <br />Sions and Markers <br />The operator recently modified the permit I.D. sign to reflect the recent name change to McClane Canyon Mining <br />LLC (MCM). Unfortunately, it was noted that the sign erroneously lists the permittee as McClane Canyon Mine <br />LLC, rather than McClane Canyon Mining LLC. The sign needs to be further modified to correct this error. <br />Roads <br />During the inspection, the operator was in the process of filling in and grading segments of the main haulroad <br />ditch, between the portal area and the sediment pond. Chuck Silengo indicated that this was being done as a <br />result of concerns identified by an MSHA inspector regarding "elevated roadway with no berm" along segments <br />of the road. The ditch was being elevated in various segments, particularly the lower end, just up from the <br />sediment pond, using material from the construction dirt stockpile. The objective was to reduce the elevational <br />disparity between the road travel surface and ditch bottom, to eliminate the concern regarding elevated roadway <br />We note that upon completion of the grading operation, the final ditch configuration will need to <br />conform to the approved design, within respect to shape and minimum cross-sectional area. Based on <br />observed erosion along certain segments of the ditch in the past (e.g. the upper segment just below <br />coal stockpile area and the lower segment just above the sediment pond), riprap installation would <br />appear to be necessary. <br />The inlet sump to Culvert "K", the 12" CMP at the lower end of the storage area north of the sediment pond inlet <br />was filled in with sediment to the culvert inlet level. Also there was sediment accumulation at the inlet end of the <br />culvert. The sump needs to be excavated and sediment placed in the approved sediment drying location. <br />The culvert pipe was cleaned out using a hose attached to the water truck tank during the inspection. <br />The "in-ditch" sump is full of sediment and needs clean-out <br />Hvdrolooic Balance <br />East Salt Creek was flowing at the time of inspection; no flow in McClane Creek <br />The sediment pond was several inches above the gated primary spillway elevation. The pond needs to be <br />dewatered down to the primary spillway elevation as soon as can be accomplished in accordance with <br />CDPS discharge requirements. Discharge will need to be sampled and reported as required by CDPS <br />permit. The pond embankment appeared to be stable, with no indication of seepage, cracking, or slumping. <br />The fan housing structure and riser portion of the adjacent Diversion Culvert "A" had been damaged recently by <br />a rock-fall, involving large sandstone blocks that had separated from the cliffs immediately above. The damage <br />had recently been repaired by the operator and the boulders had been removed. Culvert "A" was open and <br />3 <br />