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III. COMMENTS -COMPLIANCE Elk Creek C-1981-022 Pg 1/2 18 May 2006c~ 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 an aerial inspection of the Elk Creek and Sanborn Creek Mines conducted by Jim Stark of CDMG. Twelve photographs of the Sanborn Creek and Elk Creek facilities area were taken on 18 March 2006 by Harry Ranney of CDMG. The mine appeared to be producing coal again at the time of the inspection, as the coal stockpile was larger than during past inspections (January 2006-March 2006). The weather was clear sunny and the ground was dry. The Sanborn Creek Mine facilities area appeared to be stable and in good condition. There were no problems or erosional features noted in the photographs. Pond B (which collects the facilities area runoff) contained water at the time of the inspection. The pond embankment was well vegetated and no erosional problems were noted in the photographs. The Elk Creek Mine facilities area appeared to be stable and in good condition. There were no problems or erosional features noted in the photographs. Pond D (which collects the facilities area runoff) contained water at the time of the inspection. The pond embankment was well vegetated and no erosional problems were noted in the photographs. The Elk Creek topsoil stockpile was well vegetated and no erosional problems were noted. The haul road to the Elk Creek Mine facilities area appeared to be stable from the photographs. No erosional features were noted on the road. The West Valley Fill appeared to be stable from the photographs. There did not appear to be any piles of refuse waiting to be spread on the pile. The reclaimed portion of the pile was well vegetated and appeared to be stable from the photographs. No erosional problems were noted on either the active portion of the pile or the reclaimed portion of the pile. The haul road to the West Valley Fill appeared to be stable at the time of the inspection. No erosional problems were noted. Pond C (which collects the refuse pile runoff) was dry at the time of the inspection. The pond embankment is a concrete dam. The dam appeared to be stable at the time of the inspection. The II-West Valley Fill area appeared to be stable from the photographs. The mine has not yet placed any refuse in the pile. The haul road to the II-West Valley Fill appeared to be stable at the time of the inspection. No erosional problems were noted. Pond D (which collects the refuse pile runoff) was dry at the time of the inspection. The pond embankment is a concrete dam. The dam appeared to be stable at the time of the inspection. Based on the photographs of 18 May 2006, the Elk Creek and Sanborn Creek Mines appeared to be in good condition.