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III. COMMENTS - COMPLIANCE <br /> Elk Creek C-1981-022 <br /> Pg 1/3 24 January 2008 <br /> Below are 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 partial inspection of the Elk Creek and Sanborn Creek Mines conducted on 24 January <br /> 2008 by Jim Stark of CORMS. Jim Kiger of Oxbow Mining, LLC accompanied me on the inspection. The <br /> mine was producing coal at the time of the inspection and the coal stockpile was full. The weather <br /> was cold and overcast and the ground was covered with snow. <br /> Signs and 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 damp and covered with snow/ice but it <br /> appeared to be stable and well maintained at the time of the inspection. No erosional problems were <br /> noted on the road at the time of the inspection. <br /> - The haul road to the West Valley Fill was muddy but it appeared to be stable at the time of the <br /> inspection. There was no major rutting or erosional problems noted on the road at the time of the <br /> inspection. There were some minor ruts developing because of the muddy conditions but they are not <br /> a problem at this time. <br /> - The haul road to the II-West valley fill was also muddy but it was well maintained and appeared to <br /> be stable at the time of the inspection. Again, given the conditions there was some rutting <br /> developing on the road but it remains in overall good condition. No erosional problems were noted on <br /> the road at the time of the inspection. <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 covered with packed snow/ice but appeared to be well <br /> maintained and stable at the time of the inspection. This road is also used by Hotchkiss Ranch, the <br /> Bowie No. 2 Mine and outfitters and hunters. Bowie is actively working in the area and they have <br /> been keeping the road well graded. The road spur to the fan site itself was well maintained and <br /> stable. No erosional problems were noted on these roads. <br /> Hydrologic Balance: - Pond A contained a small pool of water approximately and was not discharging <br /> at the time of the inspection. The pond is an incised pond and was cleaned in early winter. The <br /> pond was stable at the time of the inspection. <br /> - Pond B contained water approximately four feet below the emergency spillway at the time of the <br /> inspection but was not discharging (discharge is through a gated valve below the water level). The <br /> embankment was covered with snow but appeared to be well vegetated and appeared to be stable. <br /> No erosional problems were noted on the pond embankment. The emergency spillway was stable at <br /> the time of the inspection. <br />