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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 complete inspection of the McClane Canyon Mine conducted by Mike Boulay of the <br /> Division of Reclamation, Mining and Safety(DRMS)on May 30, 2008. Rodney Head the Safety <br /> Director for McClane Canyon Mining LLC (MCM) was present during the entire inspection. Weather <br /> conditions were clear and warm. Ground conditions were mostly dry. <br /> Availability of Records <br /> The DRMS inspection reports from first quarter 2008 were not in the records file. Please update the <br /> records with the 1 s` quarter 2008 inspection reports. All other required records were available for <br /> review at the McClane Canyon Mine office. See the attached records checklist at the end of this <br /> inspection report. <br /> Roads <br /> Roads were maintained and in good condition throughout the site. Ditches were clear of sediment and <br /> debris and functioning properly. Culverts were maintained with exception of the pond inlet culvert as <br /> described below. At the time of the inspection, MCM was watering roads for dust suppression. <br /> Hydrologic Balance <br /> Drainage structures and diversion culverts in the portal area were clear of debris and appeared to be <br /> functional. The mine was discharging clear water at the time of the inspection. The sediment pond <br /> was containing muddy water below the level of the principal spillway. MCM was in the process of <br /> cleaning the pond. Material is being removed with a loader and transported to the waste disposal area. <br /> The culvert beneath the road at the pond inlet is half full of sediment and needs to be cleaned out. <br /> Since the pond is being cleaned,this would also be a good time to clean out the culvert and transport <br /> the sediment to the waste disposal area. The silt fence at the entrance to the road accessing the subsoil <br /> and topsoil pile locations is improperly installed and needs to be keyed in along the bottom. <br /> Processinp,Waste <br /> Construction of the temporary coal waste pile area has been completed. The clean water diversion <br /> ditch around the waste pile and sediment storage area is completed. A sufficient berm has been <br /> installed entirely around the waste pile. As shown in the attached photos, the diversion channel,berm <br /> and access road have all been hydro-mulched. <br /> Revegetation <br /> A small amount of Whitetop is present on the topsoil pile and noted in a few other locations to the west <br /> of the pile. Please spot spray these locations to control the growth of this troublesome weed. <br />