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III. COMMENTS- COMPLIANCE Elk Creek G1981-022 Pg 1 /2 15 December 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 partial inspection of the Elk Creek and Sanborn Creek Mines conducted by Jim Stark of CDMG. Tom Anderson of Oxbow accompanied me on part of the inspection as Jim Kiger left early in the day for Denver. The mine was actively producing coal and loading trains at the time of the inspection. The weather was cold and partly sunny and the ground was covered with about 1-2 inches of snow. Signs and Markers: All of the necessary signs were in place. The mine ID signs were in place and contained all of the necessary information. Disturbance boundary markers were in place as required. 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. 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. The pond cleaning that was being performed during last month's inspection has been completed. The road around the pond that was torn up during the cleaning has been reestablished. - 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. A trash rack has been 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. - Pond E contained a small amount of at the bottom of the pond. The pond embankment is a concrete wall. The embankment appeared to be stable at the time of the inspection. -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.