2010-02-04_INSPECTION - C1996083

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III. COMMENTS -COMPLIANCE Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. This was a complete inspection conducted by Joe Dudash of the Colorado DRMS. Gary Harding represented the operator, Bowie Resources LLC. The operator is currently longwall mining in the B-9 panel. Main Mine Site Most of the south-facing slopes were clear of snow but the other slopes were snow covered to varying degrees. The utility bench was covered in snow. The bench's outside edge berm had enough height. The rock catchment berm behind and above the utility bench was snow covered but was stable. The topsoil stockpile on the west side of the utility bench was also snow covered and the topsoil sign was up on the pile. The light use road leading to the utility bench was in good condition. The D-seam portal bench was mostly clear of snow. The bench's outside edge berm was in place. Ditches and culverts, partially covered in snow, appeared to be functional. There was only a small volume of coal stockpiled on the bench. No problems were observed with any of the facilities. The material storage areas were well organized and there were no problems with the cap and powder houses and fuel facility. There were no problems at the B-seam portal bench. Drainage structures were in place and the cut and fill slopes were stable. Across the haul road, the excess material storage area appeared to be stable. Further down the haul road, the main topsoil stockpile was snow covered on the north side. There were no indications of erosion on the stockpile and topsoil signs were up. The material storage area next to the topsoil stockpile was well organized. There was a large volume of stockpiled coal next to the highway. The coal was behind the protective berm. There were no problems with fugitive dust from the coal stockpile and no coal dust had been tracked onto the highway. The wash plant was not in operation. The cut slope behind the wash plant was stable. Some of the ditches and culverts at the mine entrance were partially covered in snow but all appeared to be functional. Sediment pond B had some ice and snow covered water in it. The float was on the primary hose. The mine id sign was up at the entrance and contained the correct information. The haul road was in good condition. The curve 11 repair work near the top of the hill appears to have stabilized that section of road, although the road segment has not been repaved. The guard rail and the road ditches and culverts were in place. Surface disturbance markers were up around the disturbed area. The mine id sign, surface disturbance markers and straw bales were in place at the pump house across the highway from pond D. Coal Waste Stockpile Area The coal waste stockpile haul road was frozen and in good condition. The road ditch and berm were in place. There were no problems at the material storage areas. There was snow in pond D but ice-covered water in pond C was at the elevation of the primary. Pond C was not discharging. The topsoil stockpile was clear of snow and had a good vegetative cover. The topsoil sign was up on the pile. The operator was in the process of reworking and recompacting the second lift of the coal waste pile so that the outslope could be steepened, as approved. The cover material had been stripped off and put into a pile to be used later. On the east side of the coal waste pile, wet refuse was sitting for drying. The outslope of the coal waste