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III. COMMENTS -COMPLIANCE Elk Creek C-1981.022 Pg 1 /3 18 October 2001 ~~ 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 partialinspection of the Elk Creek and Sanborn Creek Mines conducted on 1B October 2007 by Jim Stark of CDRMS. Jim Kiger of Oxbow Mining, LLC was in Denver for a CMA meeting so no one accompanied me on the inspection. The mine was producing coal and loading a train at the time of the inspection and the coal stockpile was full. The weather was cold and overcast and the ground was wet. There was no precipitation at the time of the inspection but it had clearly either rained or snowed land melted) prior to my arriving for the inspection. Signs and Markers: -The mine ID sign was in place at both the main entrance at the train loadout and the back entrance along old Highway 133. The signs contained all of the required information. The sign was in place at the West Valley Fill and the topsoil stockpile sign was in place at the topsoil pile for the fill. Permit boundary and disturbed boundary markers were also in plate as required. Roads: -The mine access road is a paved road. The road is well maintained and in good condition. - The road to the Elk Creek portals and facilities area was wet and a bit muddy but appeared to be stable and well maintained at the time of the inspection. No erosional problems were noted on the road at the time of the inspection. - The haul road to the West Valley Fill was wet and muddy due to the recent precipitation but there was no rutting on the road and it appeared to be stable at the time of the inspection. The operator replaced the downhill conveyor belt (from the E(k Creek portals to the coal stockpile) over the summer and the old belt was laid out on the road. The operator had rolled up approximately half of the belt several months ago and it is unclear when the remaining belt will be rolled up and removed from the road. - The East Yard Haul Road was well maintained and stable at the time of the inspection. This road is used for accessing the mine when a train is being loaded and for general mine storage. No erosional problems were noted on the road at the time of the inspection. Hydrologic Balance: - Pond A contained water approximately six inches below the top of the discharge pipe but was not discharging at the time of the inspection. The pond is an incised pond and was cleaned two months ago. The pond was stable at the time of the inspection. - Pond B contained water approximately two feet below the emergency spillway at the time of the inspection but was not discharging (discharge is through a gated valve below the water level). The embankment was well vegetated and appeared to be stable. No erosional problems were noted on the pond embankment. The emergency spillway was stable at the time of the inspection. - Pond C is a concrete dam below the West Valley Fill. The dam appeared to be stable at the time of the inspection. The pond contained a small amount of water but was not discharging at the time of the inspection. - Pond D contained water approximately two feet below the top of the primary discharge pipe and was not discharging at the time of the inspection. The pond embankment was well vegetated and appeared to be stable at the time of the inspection. No erosional problems were noted on the pond embankment.