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M. COMMENTS-COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made during the <br /> inspection. Comments also describe any enforcement actions taken during the inspection and the facts or <br /> evidence supporting the enforcement action. <br /> This was a partial inspection of the McClane Canyon Mine conducted by Mike Boulay of the Division <br /> of Reclamation, Mining and Safety on April 30, 2008. Rodney Head the Safety Director for <br /> McClane was present during the entire inspection. Weather conditions were clear and cool. Ground <br /> conditions were mostly dry. <br /> Roads <br /> Roads were maintained and in good condition throughout the site. Ditches were damp but appeared to <br /> be clear of sediment and debris. <br /> Hydrologic Balance <br /> Drainage structures and diversion culverts in the portal area were dry and clear of debris and appeared <br /> to be functional. The sediment pond was containing muddy water and had a large delta of coal <br /> material in the inlet. Cleanout of the inlet will be necessary as soon as practicable. <br /> Processing Waste <br /> The temporary coal waste pile area located above the sediment was inspected. The clean water <br /> diversion ditch around the waste pile and sediment storage area was still under construction. Approval <br /> of the proposed permanent waste disposal site is still under review and pending approval of TR-16. <br /> During the inspection it was noted that the berm surrounding the temporary waste pile on the side <br /> closest to the sediment pond needs to be built up to fully contain the waste. Please repair the <br /> temporary waste pile berm to ensure that no waste material inadvertently falls into the sediment pond. <br />