(a) Each authorized representative of the Secretary conducting a Federal inspection under § 842.11:

1. (1) Shall have a right of entry to, upon, and through any coal exploration or surface coal mining and reclamation operation without advance notice or a search warrant, upon presentation of appropriate credentials;
2. (2) May, at reasonable times and without delay, have access to and copy any records, and inspect any monitoring equipment or method of exploration or operation required under the applicable program; and,
3. (3) Shall have a right to gather physical and photographic evidence to document conditions, practices or violations at the site.