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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 <br />inspection and the facts or evidence supporting the enforcement action. <br />This was a complete inspection conducted by Tony Waldron of CDMG <br />and accompanied by Tom Anderson of Sanborn Creek Mine. The Mine is <br />active and is permitted to produce 1.3 million tons of coal per <br />year and surface handle 1.6 million tons of coal per year. <br />The site inspection began by inspecting the new coal stockpile area <br />that was approved via technical revision-09. The operator would <br />like to implement this revision in phases beginning with preparing <br />and using the stockpile area. Since the full revision will not be <br />implemented as approved, the operator will submit a minor revision <br />to clarify what the initial phase of the plan will be. This will <br />involve stripping topsoil and preparing the actual storage area as <br />well as implementing some changes to the surface drainage system <br />and upgrading a small section of road from access to haul road <br />status. The extension of the Elk Creek culvert and the cut and <br />fill associated with it will not be implemented at this time. With <br />the exception of the surface flow changes associated with the Elk <br />Creek extension, the rest of the surface drainage changes will be <br />installed or have already been installed. So, with the exception <br />of the Elk Creek extension and installation of facilities <br />associated with that extension, the revision will implemented in <br />substantial compliance with the approved revision TR-09. <br />The inspection continued at the east yard area where work has been <br />completed on the installation of the new fresh air intake shaft. <br />The area where the shaft daylights onto the surface has been <br />reinforced to protect the entry. Most of this work was completed <br />from underground with very little surface disturbance associated <br />with it. <br />The east yard sediment pond was dry. The mine water discharge pond <br />was receiving and discharging clear water. Sediment control <br />ditches, culverts and drop inlets were all very well maintained. <br />The sediment pond at substation # 3 was dry. The topsoil stockpile <br />was stable and exhibiting good vegetative cover after this past <br />growing season. <br />The inspection continued at the Hubbard Creek site where <br />considerable reclamation activities occurred this past season at <br />the lower hubbard area. This included backfilling the portals and <br />grading out the area in between the portals and Hubbard Creek. <br />Reclamation on the southern portion of this area may also be <br />complete pending approval of the various agencies involved. Its <br />present configuration serves as an excellent trailhead/parking <br />area. If BLM and Pacific Basin Resources can work out a right-of- <br />way easement to allow access across Hubbard Creek and onto this <br />area, the present configuration will likely remain in place and <br />will provide an excellent public use area. However, if this <br />