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demonstration and the revision it was included in. I informed the operator that if they were going to use the silt fence that it should be properly installed and if it was not necessary just remove it. They indicated that they would follow up and qet the fence installed properly. What I did not realize at the time is that the SAE demonstration and revision that the operator had shown me was not yet approved and the current (and still valid) approval indicated that the silt fence was to be a part of the SAE. On May 10, 1995 I again conducted an inspection at the West Elk Mine. Upon inspecting the Lone Pine Waste Pile, I discovered that the silt fence still had not been properly installed although the area below the fan bench had been reconstructed properly. The operators representative indicated that personnel had been instructed to re-install the fence but he had not checked to see if it had been done properly. I took several photographs of the site and we proceeded back to the office where I expressed my discomfort about the failure to have the silt fence installed. At that time I indicated that I would be discussing this issue with Dave Berry and Christine Johnston upon returning to the office. I was out of the office the following week attending an OSM course and upon my return the following week, Dave and I reviewed the photos of the site and the currently approved permit (exhibit 66). Based on the fact that the silt fence was (and still is) required as part of the original approval of the Lone Pine site, a decision was made to issue NOV C-95-016. Reviewing the photos also revealed that additional violations were present at the site and these were rolled into NOV C-95-016. The photographs and a site drawing (from exhibit 66) of the waste pile are included in the file for your review. If you have any questions, please see me.