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III. COMMENTS -COMPLIANCE Elk Creek C-1981-022 Pg 1/2 9 August2006 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 9 August 2006. Jim Kiger of Oxbow accompanied me on the inspection. The mine was actively producing coal at the time of the inspection and the coal stockpile was full. The weather was warm and overcast and the ground was dry. 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 operator was watering the road at the time of the inspection. -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 primarily used to access the Sanborn Creek gob vent boreholes and the mine when a train is blocking the main entrance. - The access road to the Hubbard Creek fan site was well maintained and stable at the time of the inspection. No rutting or erosional problems were noted on the road. 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 on the pond embankment. 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 on the pond embankment. The pond has an oil boom and it was in place. The trash rack and anti-vortex device 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 dry at the time of the inspection. The pond embankment was well vegetated and stable and no erosional problems were noted. There was some equipment placed at the inlet area of the pond (for storage, I assume) that should be moved to ensure proper pond function. Pond C was dry at the time of the inspection. The pond embankment is a concrete dam. The concrete dam was stable at the time of the inspection. -The ditches along the haul road to the Elk Creek facilities area, the East Yard and old highway 133 were all clear and appeared to be stable and functioning as designed. No erosional problems were noted in any of the ditches.