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III. COMMENTS -COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made <br /> during the inspection. Comments also describe any enforcement actions taken during the inspection <br /> and the facts or evidence supporting the enforcement action. <br /> This was a complete inspection of the Elk Creek Mine and Sanborn Creek Mine (Permit No. C- <br /> 1981-022) conducted by Marcia Talvitie of the Colorado Division of Reclamation, Mining and <br /> Safety on 20-Jun-2008. Jim Kiger, Environmental Manager for Oxbow Mining, LLC (OMLLC) was <br /> present throughout the entire inspection and records check. <br /> No coal production was occurring at the time of the inspection -the mine was in the process of <br /> making a longwall move. <br /> Availability of Records <br /> A completed "DRMS Availability of Records Checklist" is attached to this report. <br /> Signs and Markers <br /> Surface disturbance markers were observed surrounding the Hubbard Creek Fansite and the old <br /> Somerset Mine Portal Area (reclaimed). <br /> Roads <br /> The Hubbard Creek USFS Road (within the Elk Creek permit boundary) continues to be utilized by <br /> Bowie Resources, LLC in the development of its Hubbard Creek Vent Shaft, and is maintained <br /> well. The road network within the Elk Creek drainage was also in good condition. <br /> Hydrologic Balance <br /> The water level of Pond B was lower than that observed on previous inspections, due to the fact <br /> that no processing of coal was occurring. OMLLC plans to have the sediment mucked out of <br /> Pond B this summer. <br /> The oil-absorbent boom in Pond D had been removed and replaced with a new boom. The <br /> pond was only partially filled with water. <br /> Side slopes of the Upper Hubbard Gulch Sedimentation Pond were well-vegetated with tall <br /> grasses, and the pond was dry. At the Hubbard Creek Fansite, the water level in Pond F was <br /> lower than that observed during the May inspection, and cattails were beginning to thrive in the <br /> pond bottom. Berms and ditches routing water from the disturbed area into Pond F appeared <br /> to be functioning as designed, as did the system of clean water diversion ditches above the site. <br /> The East Yard Pond was dry; saturated material mucked out of Pond B will be placed in this pond <br /> for drying prior to being hauled to the Coal Refuse Facility. <br /> Pond C was dry, as was Pond E. <br /> Processing Waste <br /> No processing waste was being produced at the time of the inspection. <br /> Excess Spoil & Development Waste <br /> Development of the II West Coal Refuse Facility is continuing. The lower bench has been <br /> established, with a track along the western flank of the fill allowing access to Pond E, when <br /> necessary. <br /> Reclamation Success <br /> At the upper end of the Elk Creek facilities, silt fence observed in earlier inspections had been <br /> removed. The vegetation is well established, and the need for sediment control no longer exists. <br /> Elk Creek Mine C-1981-022 20-Jun-2008 <br />