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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 7, 2009. 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 dry. Coal was being conveyed from the <br /> mine and a loader was active stacking the coal in preparation for loading and hauling. Coal was being <br /> hauled from the site at the time of the inspection. <br /> Availability of Records <br /> During the last complete inspection on August 26, 2009, several items were not available for review in <br /> the records file at the mine office (see inspection report dated 9/l/09). These included a current <br /> Insurance Certificate, Bond Document, and Midterm Review (MT-6). These items have been placed <br /> in the records file at the McClane Canyon Mine office. All other required records were available for <br /> review at the time of this complete inspection. See the attached records checklist at the end of this <br /> 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. <br /> Hydrologic Balance <br /> The shop area collection ditch that runs behind the warehouse has rock dust in the ditch from the <br /> adjacent rock dust bin (see attached Photograph No. 1). Please clean the ditch and be sure to maintain <br /> the rock dust within the containment area of the rock dust bin. <br /> All other drainage structures and diversion culverts in the portal area were clear of debris and appeared <br /> to be functional. Photograph No. 2 shows the clean water diversion structure on the north side of the <br /> portal area by the fan. The catchment basins for the large diversions at the upper end of the portals <br /> area were dry and well maintained. The mine was not discharging water during the inspection. <br /> The sediment pond was containing muddy water at just below the level of the principal spillway <br /> (Photograph No. 3). The silt fence at the mine entrance and the silt fence at the entrance to the road <br /> accessing the subsoil and topsoil pile locations were properly keyed in and functioning properly. Site <br /> sediment control features appeared to be in good working order throughout the mine site. <br />