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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 />Coal Waste Stockpile Area <br />The wash plant has been used to wash mostly West Elk coal. The refuse from the washing of the West Elk coal <br />is trucked back to the West Elk Mine for permanent storage. The cut slope above the wash plant was stable. The <br />haul road leading to the coal waste stockpiles was in very good condition. The road's outside berm and ditches <br />were in place. The material storage areas along the haul road were orderly. There was only a small volume of <br />water in pond C while pond D had no standing water in it. Spillways were functional. The ditches and culverts <br />in this area were functional. <br />There was activity on coal waste pile no. 2. The operator was grading out several small coal waste piles on the <br />middle bench. In addition, the contractor just finished installing additional piezometers on the pile. The coal <br />waste pile had positive drainage. However, a little coal waste on the uppermost section of the coal waste pile <br />was piled up a little too high and a little too close to the upland diversion ditch. There should be an appropriate <br />buffer zone acting as a margin for error. This section should have some material removed so that the remaining <br />material can be graded at an elevation that is lower and away from the ditch. The upland diversion ditch was <br />clear and underdrains were in place. The outslopes of the coal waste piles had a poor to moderate vegetative <br />cover but did not exhibit any erosional problems. <br />Pond F had a small volume of standing water in it. The primary discharge pump was in place and the emergency <br />spillway had sufficient capacity. Surface disturbance markers were in place. The ditches leading into pond F <br />were functional, although the upper reaches of the west side ditch could use a little deepening. The coverfill <br />stockpile was stable and had a moderate vegetative cover. <br />Hubbard Creek Vent Shaft Area <br />There was no activity at this site. It is taking longer than expected to dry out and reclaim the mud pit, probably <br />due to the overcast and cool weather. The mine air was exhausting out of the shaft. The methane pump was shut <br />down for now. Apparently, the shaft and gob vent boreholes were working to exhaust the methane. The operator <br />has a revision in to add a fan to this shaft. <br />The operator is working with the USDA-Forest Service to improve the condition of the Hubbard Creek road. <br />Durable filter fabric is being laid down and covered with road base to improve road conditions. The road was in <br />good condition due to Bowie's work. <br />The upland diversion ditch had sufficient capacity. Silt fence and straw bales were in place. The operator may <br />need to pipe seep water across the road to the creek side since a very small pool of seep water has formed next <br />to the road. Mine ID signs were up, as well as surface disturbance markers. No problems were noted at the <br />pump house facility just up the road. <br />Records <br />The mine records were in compliance, as shown on the attached records checklist. <br />c:/word2007/bowie2/insp0609 <br />2