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III. COMMENTS -COMPLIANCE Elk Creek C-1981-022 Pg 1/3 15 February 2007 ~~-~ 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 CDRMS. The inspection was conducted on 15 February 2007. Jim Kiger of Oxbow Mining, LLC accompanied me on the inspection. The mine was not producing coal at the time of the inspection due because they are currently moving the longwall. The weather was cool and cloudy and the ground had some snow and was wet and muddy where there was no snow. Signs and Markers: All of the necessary signs were in place as required. All of the off-site locations that were visited had the appropriate mine ID and disturbance boundary markers 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 wet but appeared to be stable and well maintained at the time of the inspection. There were no rutting or erosional problems noted on the road at the time of the inspection. - The road to the Elk Creek portals and facilities area was wet and muddy in spots but appeared to be stable and well maintained at the time of the inspection. No erosional problems were noted on the road at the time of the inspection. - The haul road to the West Valley Fill was wet and muddy at the time of the inspection. The road appeared to be stable and there was no rutting on the road. There was some water flowing on the road in response to the melting snow but no erosional problems were noted on the road. -The haul road to the II-West Valley Fill was inaccessible due to mud at the time of the inspection. -The back entrance to the mine from Highway 133 was wet but appeared to be 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. Hydrologic Balance: - Pond A contained water approximately six inches below the top and was not discharging at the time of the inspection. The pond is an incised pond. The pond was stable at the time of the inspection. - 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 pond was covered with ice and there were coal fines and mud on top of the ice. The embankment was well vegetated and appeared to be stable. No erosional problems were noted on the pond embankment. The emergency spillway was stable. - Pond C is a concrete dam below the West Valley Fill. The dam appeared to be stable at the time of the inspection. The pond was dry at the time of the inspection. - Pond D contained water approximately to the top of the discharge pipe and was discharging at a rate of approximately 5 GPM at the time of the inspection. The discharge looked clear. The pond embankment was well vegetated and appeared to be stable at the time of the inspection. No erosional problems were noted on the pond embankment. Pond D has an oil boom and it was in place.