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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 enforcement action. This was an aerial inspection conducted by Harry Ranney of the Division of Minerals and Geology (DMG). The photographs were reviewed by Mike Boulay (DMG). Photographs were taken of the entire Sylvester Gulch Facilities Area (SGFA) and the Materials Storage Bench. Ground conditions were dry at the time of the flight. Slides and Damaee Sylvester Gulch Facilities Area According to MCC staff, a landslide occurred on July 4th between approximately stations 62+00 and 68+00 on the SGFA main access road. The road embankment had been partially constructed. Slope failure occurred under and in the fill of the main haul/access road. Since the slide occurred, verbal approval has been given for MCC to remove the failed fill material. A Minor Revision application has also been approved for the placement of a temporary dischazge pipe in Sylvester Gulch neaz the toe of the slide. MCC has submitted a preliminary plan for mitigating the damage associated with the slide. Aerial photographs were taken of the slide area. The slide area is visible from the photographs. Some slumping of surface materials and some cracking is apparent. Materials Storage Bench On July l0, 1997 the DMG inspected the Material Storage Bench (MSB) and cut slope above the MSB. Prior to this inspection, the DMG had given verbal approval (over the telephone) to MCC for the usage of subsoil material from the cut slope above the MSB for emergency construction projects. At the time of the July 10th inspection, it appeared that a much greater quantity of subsoil had been removed from the cutslope than was contemplated with the verbal approval. During this aerial inspection, it also appeared that new disturbance had occurred in previously undisturbed areas. At the time of the last inspection and prior to leaving the mine site, the DMG specifically requested that all activities associated with the excavation and usage of materials from the cut slope above the MSB be stopped until the work is appropriately permitted and bonded (please refer to DMG Coal Inspection report for the July 10, 1997 inspection). MCC staff verbally agreed that no further excavation or construction would occur at the cut slope above the MSB until approval was received from the DMG for these specific activities. MCC indicated that they would submit a minor revision application which would include a description and quantification of the materials used from the cut slope above the MSB. The DMG received a minor revision application on July 15, 1997 for the expansion of the MSB