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III. COMMENTS -COMPLIANCE Elk Creek C-1981-022 Pg 1/3 22 June 2006 ~~ 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 of the Elk Creek and Sanborn Creek Mines conducted by Jim Stark of CDMG. The inspection was conducted on 22 June 2006. Jim Kiger of Oxbow accompanied me on the inspection. The mine was actively producing coal at the time of the inspection and the coal was full. The weather was warm and sunny and the ground was dry. On 9 June 2006 the Division approved Minor Revision 78, which approved the construction of expanded facilities, Minor Revision 79, which approved permit text changes based on the 11 April 2006 Midterm Review, Minor Revision 80, which approved the expedited approval of two gob vent boreholes and Technical Revision 54, which approved the drilling of 11 gob vent boreholes on USFS lands. Availability of Records: All of the necessary records were available at the mine office. See the DMG Availability of Records check list at the end of this report for more detailed information. Roads: -The mine access road is a paved road. The road is well maintained and in good condition. - The east yard haul road was stable and well maintained at the time of the inspection. There were no rutting or erosional problems noted on the road. - The road to the Elk Creek portals and facilities area was stable and well maintained at the time of the inspection. No erosional problems were noted on the road. - The haul road to the West Valley Fill was stable and well maintained at the time of the inspection. No erosional problems were noted on the road. -The back entrance to the mine from Highway 133 was stable at the time of the inspection. This road is primarily used to access the Sanborn Creek gob vent boreholes and the mine when a train is blocking the main entrance. - The road to the Hubbard Creek fan site was stable and well maintained at the time of the inspection. No erosional problems were noted on the road. Hydrologic Balance: - Pond B contained water approximately five 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 D contained water approximately two feet below the discharge pipe and was not discharging at the time of the inspection. The embankment was well vegetated and stable. No erosional problems were noted on the pond embankment. The pond has an oil boom and it was in place. The trash rack was in placed on the primary discharge pipe. There is some sediment at the inlet of the pond but it does not appear to be a problem at this time. - The East Yard pond has been cleaned of coal fines and sediment that flowed into the pond from the soupy material from the clean out of pond B. The inlet edge of the pond has also been cleaned. This material was hauled to the West Valley Fill. The pond was dry at the time of the inspection. The pond embankment was well vegetated and stable and no erosional problems were noted.