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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the inspection <br />and the facts or evidence supporting the enforcement action. <br />This was a partial inspection of the McClane Canyon Mine conducted by Mike Boulay of the Division <br />of Reclamation, Mining and Safety (DRMS) on November 17, 2009. Rodney Head the Safety Director <br />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 not being conveyed from the <br />mine at the time of the inspection, however; coal was being loaded on trucks and hauled from the site. <br />Roads <br />The haul road and the access road to the sediment pond were in good condition. Prior to this <br />inspection, MCM completed routine maintenance on the road ditches and associated sediment sumps <br />along the haul road in preparation for winter and subsequent spring runoff. The ditches and sumps <br />looked very good and are well maintained (see photographs at the end of this report). <br />Hydrologic Balance <br />Drainage structures and diversion culverts in the portal area were clear of debris and appeared to be <br />functional. The catchment basins for the large diversions at the upper end of the portals area were dry. <br />SAE silt fences and berms were intact and functional. The mine was not discharging water during the <br />inspection. The sediment pond was containing muddy water at a level approximately 1-2 feet below <br />the principal spillway. Site sediment control features were in good working order. <br />Processing Waste <br />The temporary coal waste pile area was inspected and found to be properly maintained. The clean <br />water diversion ditch around the waste pile and sediment storage area is in good condition and clear of <br />sediment. MCM has not begun to export coal mine waste to the CRDA No. 1 at the Roadside Portals <br />Mine as was recently approved with Minor Revision No. 47. <br />Support Facilities <br />The shop and facilities areas were well kept and no problems were noted during this inspection.