_INSPECTION - C1981022 ‎(31)‎

• Permit No: C1981022
• IBM Index Class Name: INSPECTION
• Doc Name: Inspection Report
• Inspection Date: 10/28/2008
• Email Name: MLT
• Media Type: D
• Archive: No

III. COMMENTS -COMPLIANCE
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 a Partial Inspection of the Elk Creek Mine conducted by Marcia Talvitie of the Colorado DRMS
on 28-Oct-2008. Bill Pecharich represented the operator, Oxbow Mining, LLC (OMLLC) during the
inspection, and accompanied MT to the main facilities along Elk Creek and to the II West Coal Refuse
Facility.
Hydrologic Balance
Ponds A 1, E and F-These ponds were dry.
Pond B - The pond was receiving a trickle of water from the water treatment plant, but no discharge
was occurring. There was no sign of erosion on the impoundment or side slopes. The emergency
spillway was dry and clear. Elk Creek, the receiving stream,was dry also.
Pond D - The water level was low in the pond, and no discharge was occurring (Fig. 1). A trickle of
water was flowing into the pond from the ditch at the northwest corner. It was later determined that
the source of this water was the wash bay, which had recently been cleaned. The impounding
structure is well vegetated,with no signs of erosion.
East Yard and Substation No. 3 Ponds-Both ponds were dry.
Roadside ditches were graded along both sides of the main Elk Creek road to the D-Seam Portal Bench
and Upper Fan Bench.
Support Facilities
The East Yard material storage area was neat and well-kept. The outer berm was continuous along the
area, and uniform in construction and elevation. Scrap metal was bundled for haul and disposal or
recycling (Fig. 2).
Water (dirty, although not oily) was observed ponded around the wash bay, which had been cleaned
earlier that morning. Inside the building, the floor drains to a sump which is cleaned out periodically.
Oil storage area -a spill of oil emulsion -3' in diameter was observed on the pad below the tank nozzle
(Fig. 3). Mr. Pecharich requested that another employee bring floor-dry to absorb the spill.
Dismantling of the Hubbard Creek Fan (Fig. 4) had begun in preparation for construction of the Bear
Creek Fansite (currently awaiting approval). The substation was still fenced, but fencing had been
removed from the Fansite. Methane ventilation equipment was present, but not running at the time of
the inspection (Fig. 5).
Upper fan bench-the excavation observed on previous inspections (to access the D-Seam dewatering
line) had been backfilled to grade (Fig. 6).
Revegetation
On the back side of the Substation bench, the slope appeared to be well vegetated and the ditch was
bermed. At the II West Coal Refuse Facility, topsoil had been placed on the completed slope, with
seeding and mulching possibly to occur later this fall (Fig. 7).
Air Resource Protection
A water truck was observed spraying the roadways in the Road surfaces were damp throughout the
facilities area, to effectively control fugitive dust.
Excess Spoil & Development Waste
A complete layer of development waste had been placed (dumped in loads) across the II West Valley
Fill, and was ready to be compacted (Fig. 8).
Elk Creek Mine C-1981-022 28-Oct-2008