2010-05-13_INSPECTION - C1980007

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///. 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 Tom Kaldenbach of DRMS. Ryan Sweetwood, and Rozellyn Hall represented the operator during the field portion of the inspection. Kathy Welt represented the operator during the in-office records check. Selected photographs taken during the inspection are attached to the end of this report. With the operator's consent, this report was issued from the Denver office of DRMS. The longwall was active near the west end of E-Seam Panel 1. The ground was dry. The higher elevations of the mine were only partially accessible because seasonal road clearing began May 1. Availability of Records Required records were on file in the mine office (see attached list). Signs and Markers Mine i.d. signs were properly displayed at the following locations: two entrances to the main surface facilities area on Highway 133, at the entrance to the train loadout on Highway 133, the Deer Creek Shaft, and at the Corrals laydown/staging area. Topsoil markers were properly displayed in all areas inspected. Stream buffer markers were in place in Sylvester Gulch and next to the North Fork of the Gunnison River along the northern perimeter of the main facilities area. Areas affected by surface operations were clearly marked in the following areas: the main surface facilities area, along Sylvester Gulch Road, the Deer Creek Shaft, and in the Corrals laydown storage area. Roads Road surfaces were in good condition in all areas inspected, including the main surface facilities area, Sylvester Gulch, and the Sylvester Gulch Road Extension. Hydrologic Balance A construction crew was completing the finishing touches on the new two-cell pond, Pond MB-5E. The pond is fully functional and contained small pools of water in both cells. MB-5E is an expansion of the old Bear Mine pond, MB-5 (CDPS outfall 009) and it replaces ponds MB-2R (CDPS outfall 004) and MB-1 (CDPS outfall 016). Construction of Pond MB-5E was approved in TR-119. Pond MB-2R has recently been removed, leaving a flat area that will be used for coal stockpiling. Pond MB-1 will be converted from a sediment control pond to storage for fresh water that is pumped from the North Fork of the Gunnison River. Pond MB-3, the pond that receives runoff from the washdown pad, contained a small pool of water. 3