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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 conducted by Joe Dudash of the Colorado DBMS. Bill Bear represented the <br />operator during the field inspection. The longwall is down for a while. Only continuous miners are in operation. <br />Hubbard Creek Vent Shaft / <br />The operator was wrapping up operations for the vent shaft collar. The collar is about 90 feet deep and has a <br />cemented steel casing. Equipment will be moved out starting this week. Then, the drilling contractor will move <br />equipment in to drill down about 600 feet. Portions of the dirt pad are being raised for the drilling rig. <br />The sediment control system was in place at the construction site. Silt fence and straw bales were in place. The <br />upland diversion ditch had sufficient capacity. The riprap was in place on the down gradient end of the ditch. In <br />spite of recent precipitation, the pad was only a little muddy. The Hubbard Creek road that leads to the site had <br />been improved by Bowie Resources and was in very good condition. Straw bales and silt tence were in place at <br />critical locations along the road. <br />Stream butter zone signs were up. The two mine ID signs, however, need to be put back up. Surtace disturbance <br />markers were up around the disturbed area. There was no water in the mud pit. Straw bales were in place at the <br />laydown area. <br />Unit Train Loadout <br />The outslope of the train loadout bench had a good vegetative cover and no signs of slope instability were <br />evident. Ponds J and K at the loadout did not have any standing water in them, although pond K had wet mud at <br />the bottom. There were no railcars at the loadout and no evidence of any fugitive dust. <br />Main Mine Site <br />There was very little coal stockpiled on the D-seam portal bench and on the coal stockpile bench adiacent to the <br />highway. There were no indications of fugitive coal dust going oftsite, nor were there signs of coal tines or dirt <br />being tracked onto the highway. The culverts and ditches at the mine site entrance that lead into pond B were <br />functional. The water level in pond B was at about the primary discharge pipe level. The operator needs to <br />replace the tloat and hose on the pipe inlet. The mine lll sign was up, as were surface disturbance markers. <br />No problems were noted at the utility bench. The berm on the outside edge of the bench was in place and the <br />rock catchment berm above the bench was functional. No problems were evident on the D-seam portal bench. <br />There were no fuel leaks at the fuel barn. <br />'t'he B-seam portal bench cut slope is experiencing several small slides due to the recent wet weather. The area <br />needs to be watched to see if further problems develop. The small slide above the wash plant has stabilized for <br />now. The operator is waiting for the area to dry out before continuing work on it. The slide below the utility <br />bench has also stabilized and needs to be worked on when the weather becomes drier. <br />Coal Waste Stockpile (Gob Pile <br />The gob pile haul road was in good condition. The road berm and road ditch were functioning properly. Straw <br />bales were in the road ditch at several locations. The material storage areas along the road were in order. The <br />operator is about to discharge water from pond C. Pond D was dry. The spillways of the two ponds were <br />functional. The outslope of the gob pile appeared to be stable. There were no indications of erosional gullying or <br />slope instability.