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M. COMMENTS-COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made during the <br /> inspection. Comments also describe any enforcement actions taken during the inspection and the facts or <br /> evidence supporting the enforcement action. <br /> This was a partial inspection of the Elk Creek Mine (Permit No. C-1981-038) conducted by Marcia <br /> Talvitie and Joe Dudash of the Colorado DRMS on 23-Apr-2008. Bill Pecharich, of Oxbow Mining, <br /> LLC (OMLLC) was present during the entire inspection. <br /> Hydrologic Balance <br /> Elk Creek was observed flowing freely into and out of the culvert pipe beneath the Fan Bench. <br /> Sections of silt fence and straw bales upstream of the fan bench are in need of repair and <br /> maintenance following the winter snow load. <br /> Pond D (Figure 1) exhibited a trickle discharge from a leak in the stand pipe. Sampling of the <br /> discharge has occurred per the CDPS requirements. <br /> Pond B (Figure 2) had accumulated a substantial amount of sediment through the winter and <br /> spring. The emergency spillway and riprap appeared to be in good shape. OMLLC stated that <br /> the oil booms that span the pond would soon be removed and replaced. <br /> Support Facilities <br /> The material storage area at the Fan Bench was neat and well-organized. Fuel storage at the <br /> Portal Bench appears to be in compliance with regulations. Tanks containing Magnesium <br /> Chloride and anti-freeze were clearly marked. <br /> Topsoil <br /> The topsoil pile located along the east side of the Fan Bench was clearly marked (Figure 3), and <br /> surface disturbance markers were placed around the uphill perimeter. <br /> Slides & Damage <br /> A small seep was observed at the base of the slide area along the western edge of the Fan <br /> Bench. <br /> Excess Spoil & Development Waste <br /> Embankment work was in progress at the II West Coal Refuse Facility (Figure 4). <br /> �y <br /> Elk Creek Mine C-1981-022 23-Apr-2008 <br /> -1- <br />