2009-06-11_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 DBMS. Bill Bear represented the operator during the field inspection and the records check. The operator is currently doing development mining but anticipates starting the longwall in the D8 panel in a couple of weeks. The mine is still having methane problems. Bowie continues to wash coal from the West Elk Mine. The weather was overcast. Main Mine Site The mine ID sign was up at the main entrance. Due to the coal haul truck traffic to and from the West Elk Mine, the operator has been washing down the highway at the entrance to the mine. The wash water flows into pond B. Straw bales were in place and the ditches and culverts in this area were functioning properly. There was very little stockpiled coal on the lower coal stockpile bench adjacent to the highway. The paved main haul road leading up to the D-seam portal bench was in good condition. The road ditches and side culverts were in place. There were no erosional problems with any of the cut and fill slopes of the various mine benches. The bench outslopes were well vegetated. There were no erosional problems with the downhill conveyor corridor. The wildlife crossing over the downhill conveyor was in place. The main topsoil stockpile was well vegetated. Topsoil signs were up. The material storage area next to the main topsoil stockpile was very well organized. There was no activity on the B-seam portal bench. The recently reworked highwall slope was holding up well. The bench's upper diversion ditch was in place, as was the bench's outer edge wall. There were no problems with the mine facilities on this bench. Across the haul road, the excess material storage area was stable. Culverts and ditches in this area were all functioning properly. There was only a small volume of coal stockpiled on the D-seam portal bench. There were no problems with any of the structures on this bench. There were no fuel leaks at the fuel barn. The material storage areas were orderly and the cap and powder houses were locked. Culverts and ditches associated with this bench were in order. The road up to the utility bench was in good condition. The road ditch and road outside berm were in place. The ditch at the back of the utility bench was clear. The topsoil stockpile had a good vegetative cover and the topsoil sign was in place. The rock catchment berm above the utility bench was functional. The silt fence was in place at the material storage area underneath the overhead conveyor. The operator has been spraying noxious weeds at the mine site. Whitetop had been recently sprayed on the main topsoil stockpile. Thistle had been sprayed in other locations. Additional spraying needs to be done. Unit Train Loadout Several empty railcars were on site. There were no problems with fugitive dust at the loadout. The outslopes of the spur line bench were well vegetated and showed no signs of erosion or slope instability. Pond J was dry. The pump that acts as the primary discharge for pond J was in place. The riprapped emergency spillway was functional. The two riprapped ditches that feed into pond J had sufficient capacity. Pond K was also dry. The pond's primary and emergency spillways were in place. The collection ditch leading into the east side of pond K was well vegetated. The two downdrains that bring runoff from the graveled bench area to pond K were in place. The mine ID sign was up at the entrance and surface disturbance markers were in place. A few more surface disturbance markers would help near pond J, however.