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III. 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 conducted by Joe Dudash of the Colorado DRMS. Sandy Brown of the DRMS <br /> was present for the first part of the inspection.Bill Bear represented the operator. <br /> Main Mine Site <br /> The paved haul road was in good condition, except for the last curve above the B-seam portal bench. The <br /> operator is preparing to reconstruct that road curve since it was unstable. The access road up to the utility bench <br /> was dry and in good condition. The light use road up to the material storage area that is east and above the D- <br /> seam portal bench was also dry and passable.Road berms were in place. <br /> The mine facilities benches were stable.Berms or barriers on the outside of the benches were in place. The cut <br /> and fill slopes were stable as well. The small slide below the utility bench appears to have stabilized and the <br /> repair of the small slide in the cut slope above the wash plant is holding up well. The bench outslopes were well <br /> vegetated.The operator was using compressed air to clean off some coal fines that fell from one section of the <br /> overhead conveyor. There were no signs of instability at the B-seam portal bench excess material storage area. <br /> Culverts were clear and drainage ditches had sufficient capacity.However,the inlet of the culvert behind the D- <br /> seam portal bench coal stockpile could use some repair. The coal stockpile on the D-seam portal bench was very <br /> small in volume while the coal stockpile at the bottom of the hill was moderate in volume. The main topsoil <br /> stockpile was well vegetated,although the grass has turned brown. The topsoil sign was up on the stockpile.The <br /> locks were on the cap and powder houses.Pond B had been recently cleaned out and had very little standing <br /> water in it.The ditches leading into pond B had sufficient capacity. The mine ID sign was up at the mine <br /> entrance and surface disturbance markers were up around the disturbed areas. <br /> The haul road leading to the coal waste pile area was in good condition. The road ditch and outside edge berm <br /> were functional.The material storage areas along the road were in order.Pond C had standing water up to the <br /> primary discharge pipe. The float on the hose that is attached to the primary discharge pipe was in place. There <br /> was no discharge from pond C. Pond C had been cleaned out earlier in the year. Pond D also had standing water <br /> in it up to the primary discharge pipe but the gated valve was closed. <br /> No problems were observed with the overhead conveyor leading to the unit train loadout. Silt fence was up next <br /> to the Fire Mountain Canal. The material storage areas underneath the overhead conveyor were in order.No <br /> problems were noted at the pump house. Straw bales were in position and the mine 1D sign and surface <br /> disturbance markers were up. <br /> Coal Waste(Gob)Piles <br /> Gob piles nos. 1,2 and 4 were in good condition. There was positive drainage off of the gob piles.No ponding <br /> of water was observed. The small coal fine piles on the east side of gob pile no.2 have been shipped out since <br /> they were causing problems with compaction. The gob pile outslopes were stable.A considerable number of <br /> dead thistle plants were on the outslope of the first bench.The thistle plants had been sprayed earlier in the <br /> summer. The upland diversion ditches had sufficient capacity. <br /> 1 <br />