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