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i III. COMMENTS -COMPLIANCE Elk Creek C-1981-022 Pg 1/2 18 January 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 partial inspection of the Elk Creek and Sanborn Creek Mines conducted by Jim Stark of CDMG. The inspection was conducted on 18 January 2006. Jim Kiger of Oxbow accompanied me on the inspection. The mine was actively producing coal and hauling refuse at the time of the inspection. The weather was cold and partly sunny and the ground was covered with patches of snow. 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 only 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 wet and covered with snow. The road has some rutting due to the weather conditions and the high amount of traffic from hunters. The road is still easily passable, however. Hydrologic Balance: - Pond B contained water approximately four 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. 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. 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 was partly full 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 also has a fairly large pile of fines and sediment as well. This material will be hauled to the West Valley Fill as soon as it is sufficiently dry o be properly spread and compacted with the refuse. The coal fines and sediment in the pond should not be a problem as the area that contributes to the pond is either revegetated or no longer used for mining operations. - Pond F was covered with snow at the time of the inspection but appeared to be dry. The pond embankment was covered with snow but appeared to be well vegetated and stable. No erosional problems were noted. - The diversion ditch around the Hubbard Creek fan pad and the ditches to pond F were all stable at the time of the inspection.