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III. COMMENTS -COMPLIANCE <br />Elk Creek C-1981-022 <br />Pg 1/3 18 June 2007G~ <br />Below are comments on the inspection. The comments include discussion of observations <br />made during the inspection. Comments also describe any enforcement actions taken during <br />the inspection and the facts or evidence supporting the enforcement action. <br />This was a complete inspection of the Elk Creek and Sanborn Creek Mines conducted by <br />Jim Stark of CDRMS. The inspection was conducted on 18 June 2007. Jim Kiger of Oxbow <br />Mining, LLC accompanied me on the inspection. The mine was producing coal and loading <br />a train at the time of the inspection and the coal stockpile was full. The weather was warm <br />and sunny and the ground was dry. <br />Availability of Records: All of the necessary records were available in the mine office <br />located at the Sanborn Creek Mine facilities area. See the DRMS Availability of Records <br />form at the end of this inspection report for more detailed information. <br />Signs and Markers: All of the required signs, including the mine ID signs, topsoil stockpile <br />sighs and disturbed boundary signs were in place and in good, legible condition as required. <br />The mine has a new name sign that does not contain permit and contact information at the <br />main entrance. There is a sign with this information across the railroad tracks on the left- <br />hand side of the road. <br />Roads: -The mine access road is a paved road. The road is well maintained and in good <br />condition. <br />-The road to the Elk Creek portals and facilities area appeared to be stable and was well <br />maintained at the time of the inspection. No erosional problems were noted on the road at <br />the time of the inspection. <br />-The East Yard haul road and back entrance road were well maintained and appeared to be <br />stable at the time of the inspection. The road is used for mine equipment and access to the <br />mine while a train is being loaded, blocking the main entrance. <br />- The haul road to the West Valley Fill was appeared to be stable and was well maintained. <br />There was no rutting on the road at the time of the inspection. The operator just replaced <br />the downhill conveyor belt (from the Elk Creek portals to the coal stockpile) and the old belt <br />was laid out on the road. Kiger indicated that it would be rolled up and removed soon. <br />- The haul road to the II-West Valley Fill from the West Valley Fill was a bit rutted but overall <br />appeared to be stable and in good condition at the time of the inspection. The return road <br />out of the It-West Valley Fill was well maintained and in good condition at the time of the <br />inspection. <br />-The road to the Hubbard Creek fan was well maintained and appeared to be stable at the <br />time of the inspection. The operator has bladed the road to remove the ruts caused by the <br />ranching and hunting over the winter. The access spur to the fan site itself was well <br />maintained and appeared to be stable at the time of the inspection. No erosional problems <br />were noted on either road at the time of the inspection. <br />Hydrologic Balance: - Pond A contained water approximately two feet below the top and <br />was not discharging at the time of the inspection. The pond is an incised pond. The pond <br />was stable at the time of the inspection. <br />- Pond B contained water approximately four feet below the emergency spillway at the time <br />of the inspection but was not discharging. The embankment was well vegetated and <br />appeared to be stable. No erosional problems were noted on the pond embankment. The <br />emergency spillway was stable. This pond is scheduled for cleaning on or around 16 July <br />2007. <br />U <br />