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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 /> On the east and central portions of coal waste pile number 4,the operator was removing cover soil off of the <br /> already-placed coal waste so that the outslopes can be steepened,as approved by the Division.This steepening <br /> does not apply to the lowest bench,however.There was positive drainage off of the coal waste piles.The upland <br /> diversion ditch had sufficient capacity.There was a little pooled water seeping out of the underdrain of coal <br /> waste pile number 1.The east side coverfill stockpile was stable. <br /> The ditches leading into pond F had sufficient capacity. The riprapped sections were stable.There was an area <br /> above pond F where knapweed was growing. This noxious weed needs to be sprayed.There was mud but no <br /> standing water in pond F.The pond's primary discharge pump was in place and the emergency spillway was <br /> clear of any debris. <br /> Hubbard Creek Vent Shaft Site <br /> The operator has begun constructing the fan for the shaft site. The fan structure foundation was ready for <br /> concrete pouring.The shaft was exhausting mine air.The upland diversion ditch had sufficient capacity. The <br /> riprapped section of the upland diversion ditch was intact.The mine ID signs were up at the site; one at the <br /> south end and one at the north end.The required information was on the signs.Surface disturbance markers <br /> were also up.The road,which had been reinforced by the operator,was dry and in very good condition. <br /> Unit Train Loadout <br /> There were no issues with the overhead downhill conveyor that leads to the loadout.The material storage area <br /> beneath the conveyor was well organized. Silt fence was properly installed between the material storage area <br /> and the Fire Mountain Canal. <br /> A filled unit train was on the tracks just west of the railcar loading structure.There was no loading during the <br /> inspection.There were no indications of any fugitive dust. The train spur line bench appeared to be stable along <br /> its entire length.The bench's outslopes were well vegetated. The mine ID sign was up at the entrance off of <br /> Highway 133. Surface disturbance markers were also up around the site. <br /> Pond J was dry. The two riprapped channels entering pond J were functional.The primary discharge pump was <br /> in place and the emergency spillway had sufficient capacity.Pond K was also dry. The collection ditch leading <br /> into the pond was well vegetated. The down drains also leading into pond K were in place. <br /> Mine Records <br /> The mine records were on site and were in compliance,as documented on the attached records checklist. <br /> c:/word2007/bowie2/insp0909 <br /> 2 <br />