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III. COMMENTS -COMPLIANCE ~ Elk Creek C-1981-022 ~ ~~ 13 September 2005 ~- 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. Jim Kiger of Oxbow accompanied me. The mine was actively producing coal at the time of the inspection. The weather was warm and partly sunny and the ground was dry. Availibility of Records: All of the necessary records were available at the mine office. The records were checked while I waited for Jim Kiger to return from the Terror Creek Loadout with Joe Dudash. See the Records Checklist 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 roads in Bear Creek for the Elk Creek gob vent boreholes were all well maintained and stable at the time of the inspection. There were no erosional problems noted on any of the roads. Most of the road to GVB LW-03-02 has been reclaimed. An excavator operator was actively reclaiming the road when I was on site. The reclamation was very good. The original grade has been achieved and the area was left rough for erosion control and moisture retention. Approximately half of the reclaimed road had been seeded. - The road to the Hubbard Creek fan and substation was well maintained and stable at the time of the inspection. Hydrologic Balance: - Pond B contained water at the time of the inspection but was not discharging. The embankment was well vegetated and appeared to be stable. No erosional problems were noted. An oil boom was in place in front of the discharge pipe. This pond needs to be cleaned. - Pond D contained water but was not discharging at the time of the inspection. The embankment was well vegetated and stable. No erosional problems were noted. The pond has an oil boom and it was in place. This pond needs a trash rack and anti-vortex device installed on the primary spillway. - Pond F water approximately four feet below the discharge pipe. It was not discharging and it did not appear to have discharged in the recent past. The pond embankment was stable and well vegetated and no erosional problems were noted. - The ditches around the Hubbard Creek fan and substation were stable and appeared to be functioning as designed. The clean water ditch around the site was stable and in good condition. These ditches have filled in, to some extent, due to a large storm the previous weekend. The rock splash pan at the end of the clean water ditch has filled in with sediment. Backfilling and Grading: -GVB pads LW-04-03, LW-03-02 and LW-04-02 have all been reclaimed. The reclamation appears to have achieved AOC. The reclamation of these pads was very good. The surface was left rough to control erosion and retain water. All of these pads have sediment control in the form of perimeter ditches and sumps or straw bales and waddles. All of the holes at these pads have been plugged and filled.