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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 complete inspection of the McClave Canyon Mine conducted by Mike Boulay of the <br />Division of Reclamation, Mining and Safety (DRMS) on February 10, 2010. There was no operator <br />representative present during the inspection. Weather conditions were cloudy and cold. Ground <br />conditions were snow covered. Coal was being conveyed and hauled from the mine at the time of the <br />inspection. A loader was actively working at the coal stockpile in preparation for loading and hauling. <br />Availability of Records <br />The availability of records was checked at the mine office on the morning of February l0'h. See the <br />attached records checklist at the end of this inspection report. All required records were on file and <br />available for review with exception of the 2009 Annual Reclamation Report, and the 2009 Annual <br />Hydrology Report. Please update the mine site records with these documents. <br />Roads <br />Roads were maintained and in good condition throughout the site. Road ditches and culverts were all <br />snow packed. The haul road and facility area have been plowed and were clear of snow and ice. <br />Hydrologic Balance <br />Drainage structures and diversion culverts in the portal area had some snow cover but appeared to be <br />functional. The catchment basins for the large diversions at the upper end of the portals area were <br />partially snow covered but appeared to be properly maintained. <br />The sediment pond was nearly full and frozen at the surface. The silt fences and the sediment <br />storage/sumps were all snow packed and covered with ice and snow from plowing the haul road. <br />Processing Waste <br />The temporary coal waste pile area and topsoil pile were entirely snow covered. The access road to the <br />waste pile was inaccessible due to a berm of snow and ice blocking the road. See attached Photo No. 1 <br />of the temporary waste pile and topsoil pile and Photo No. 2 of the access road and sediment pond. <br />All mine site locations were well maintained and no problems were noted during this complete <br />inspection.