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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 October 8, 2008. Rodney Head the Safety <br /> Director for McClane Canyon Mining LLC (MCM)was present during the entire inspection. Weather <br /> conditions were sunny and cool. Ground conditions were damp. Coal was being conveyed from the <br /> mine and a loader was active stacking the coal in preparation for loading and hauling. <br /> Availability of Records <br /> All required records were available for review at the McClane Canyon Mine office. See the attached <br /> records checklist at the end of this inspection report. <br /> Roads <br /> Roads were maintained and in good condition throughout the site. MCM was watering roads for dust <br /> suppression at the time of the inspection. Ditches had recently been cleaned out and were in good <br /> condition. Culverts were clear of sediment and debris and functioning properly. The culvert beneath <br /> the road at the pond inlet was cleaned out as requested. MCM also cleaned out weeds and regraded <br /> the shop area collection ditch that runs behind the warehouse. <br /> Hydrologic Balance <br /> Drainage structures and diversion culverts in the portal area were clear of debris and appeared to be <br /> functional. The catchment basins for the large diversions at the upper end of the portals area were dry <br /> and well maintained. The mine was not discharging water during the inspection. The sediment pond <br /> was containing muddy water at a level approximately 5 feet below the principal spillway. MCM had <br /> just recently cleaned the pond and stacked the removed sediment at the waste disposal area. The silt <br /> fence at the entrance to the road accessing the subsoil and topsoil pile locations was repaired and <br /> properly keyed in along the bottom. Site sediment control features were in good working order. <br /> Processing Waste <br /> The temporary coal waste pile area was inspected and found to be properly maintained. The clean <br /> water diversion ditch around the waste pile and sediment storage area is in good condition and clear of <br /> sediment. The berm around the waste pile is well maintained. <br /> Support Facilities <br /> The shop and facilities areas were muddy but well kept. Perimeter areas at these locations were <br /> maintained, and no problems were noted during this inspection. <br />