2008-06-06_INSPECTION - C1996083

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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 a complete inspection conducted by Joe Dudash of the Colorado DRMS. Bill Bear represented the operator, Bowie Resources LLC. The longwall is currently down while development mining is progressing. The weather was dry for the first part of the inspection involving the Hubbard Creek vent shaft, gob pile and unit train loadout but became wet and muddy for the inspection of the main mine site due to a continuous rain. Hubbard Creek Vent Shaft The Hubbard Creek road was in good condition. The laydown area was protected with straw bales and silt fence. Material storage in the laydown area was orderly. The Forest Service has allowed the operator to restrict public access up the Hubbard Creek road past the laydown area for safety reasons. Ditches, silt fence and straw bales were in place along sections of the road for sediment control. The surface casing, which goes down to about 90 feet in depth, has been completed. The contractor has left with the equipment and the site is being prepared for the second contractor who will drill down to the B-seam. The derrick has been installed but has not been raised yet. The contractor was setting up the screener assembly that will separate out the rock and allow the water to be pumped back to the shaft. The vent shaft pad was in very good condition. The pad was dry and the equipment on the pad was organized in an orderly fashion. The mud pit has been constructed. The upland diversion ditch, including the riprapped section, was in place and had sufficient capacity. The surface disturbance markers were up around the disturbed area. Stream buffer zone signs were up between the road and Hubbard Creek. Two mine ID signs need to be put back up at each entrance to the pad. Coal Waste (Gob) Stockpile The haul road leading to the gob pile was dry and in good condition. The road ditch and berm were in place. The material storage areas along the haul road corridor were orderly. There was no gob being placed on the stockpile. The operator was removing some coal fines off of the east side of the gob pile for shipment. The coal fines had been interfering with compaction. There was positive drainage off of the gob pile. Drainage ditches, channels and culverts associated with the gob pile were operating effectively. The underdrain in the active portion of the gob pile was exposed in the back, as designed. Surface disturbance markers were up. There was a moderate volume of standing water in pond C, although pond D was dry. The float was attached to the primary discharge hose at pond C. A float was similarly being used at pond F, which had a fair amount of water in it. The pump was in place at pond F. Pond embankments were stable and spillways were operational. The collection ditches and culverts leading to these three ponds had sufficient capacity. The excess material stockpile next to pond F and the topsoil stockpiles in the area had moderate vegetative cover. Straw bales and ditches were in place. Topsoil signs were up. Unit Train Loadout There was an unloaded unit train and locomotives on site but no loading operations were in progress during the inspection. The loadout bench was stable. The outslope of the bench was well vegetated. Culverts and ditches were functioning properly and the downdrain half culverts going to pond K were in place. Pond J was dry. Pond K was wet but had no standing water. The pond J embankment had a moderate vegetative cover while that of pond,_K was well grassed. The spillway systems for both ponds were in order. Surface disturbance markers were up around the site and the mine ID sign was up at the entrance. C?