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III. COMMENTS -COMPLIANCE ~~ <br />Elk Creek C-1981-02c 2~i'v-~ <br />Pg 1/5 26 November 2001 <br />Below acre 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 on 26 and 23 <br />November 200 by Jim Stark of CDRMS. Jim Kiger of Oxbow Mining, LLC accompanied me on both days <br />of the inspection and Ken Ball of OMLLC was present for part of the inspection on 23 November <br />200. This inspection was also in response to a complaint from Ryan Taylor of the US Forest <br />Service regarding exploration and degas well drilling operations on the Forest Service properties by <br />OMLLC. The complaint was received via a-mail on 20 November 200 regarding possible violations at <br />the drill sites. Please see the section titled "Drilling Operations" and the inspection report for <br />exploration license X-2006-223-03. The mine was producing coal at the time of the inspection and <br />the coal stockpile was full. The weather was cool and overcast and the ground was dry. <br />Signs anii Markers: -The mine ID sign was in place at both the main entrance at the train loadout, <br />the back entrance along old Highway 133 and the Hubbard Creek fan. The signs contained all of the <br />required information. The sign was in place at the West Valley Fill and the topsoil stockpile sign <br />was in place at the topsoil pile for the fill. Permit boundary and disturbed boundary markers were <br />also in place as required. All of the topsoil stockpile signs, including the ones at the drill pads we <br />visited, were in place as required. <br />Roads: -The mine access road is a paved road. The road is well maintained and in good condition. <br />- The road to the Elk Creek portals and facilities area was dry and appeared to be stable and well <br />maintained at the time of the inspection. No erosional problems were noted on the road at the time <br />of the inspection. <br />- The haul road to the West Valley Fill was dry and it appeared to be stable at the time of the <br />inspection. There was no rutting or erosional problems noted on the road at the time of the <br />inspection. <br />- The haul road to the II-West valley fill was well maintained and appeared to be stable at the time <br />of the inspection. The operator has graded the road and it remains in good condition. No erosional <br />problems were noted on the road. <br />- The East Yard Haul Road was well maintained and stable at the time of the inspection. This road <br />is used for accessing the mine when a train is being loaded and for general mine storage. No <br />erosional problems were noted on the road at the time of the inspection. <br />- The road to the Hubbard Creek fan site was well maintained and stable at the time of the <br />inspection. This road is also used by Hotchkiss Ranch, the Bowie No. 2 Mine and outfitters and <br />hunters. Bowie is actively working in the area and they have been keeping the road welt graded. <br />The road spur to the fan site itself was well maintained and stable. No erosional problems were <br />noted on these roads. <br />- The roads to the GVB and exploration drilling were all stable at the time of the inspection. These <br />roads are also used by the Hotchkiss Ranch and outfitters and hunters so there was some rutting <br />but it did not appear to be a problem at this time. Many of these roads and road spurs will be <br />reclaimed immediately following drilling activities (at the exploration sites, at least). There were no <br />erosional problems noted on any of these roads at the time of the inspection. <br />