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Ill. 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 Partial Inspection of the Elk Creek Mine conducted by Marcia Talvitie of the Colorado <br /> DRMS beginning at 9:00 a.m. on 29-Jan-2009. Jim Kiger represented the operator, Oxbow <br /> Mining LLC (OMLLC), during the inspection. The weather was clear and cold. <br /> Facilities inspected included those along the Elk Creek drainage; the East Yard; Substation No. 3; <br /> and construction activities at the newly permitted Bear Creek Fansite Facility (TR-60). <br /> Roads <br /> • The West Valley Haul Road, Elk Creek Haul Road, and Pond D Light Use Road were all frozen <br /> and dry, plowed clear of snow. The Mine Access Road and office parking areas were wet <br /> with melting snow and partially frozen. Access to Pond C was attempted, but the Light Use <br /> Road was blocked by a berm of plowed-up snow. <br /> • Roadway access to the Bear Creek Fansite Facility was rough, although passable by 4- <br /> wheel-drive. Warm weather in the preceding weeks had apparently partially melted some <br /> snow cover, and then the area had received a new accumulation of snow a few days prior <br /> to the inspection. The road was intermittently muddy and frozen, and rutted by construction <br /> traffic. <br /> Hydrologic Balance <br /> • The surface of Pond D was frozen, as was the East Yard pond, with no inflow or discharge. <br /> The pond at Substation No. 3 was partially filled with snow. <br /> • At the Bear Creek Fansite Facility, black flexible pipe approximately 8" in diameter has been <br /> installed to allow any flows in Bear Creek from upstream to safely bypass the construction <br /> area. The pipe passes through an existing steel culvert pipe (Figure 1) and between straw <br /> bales on its return to the natural channel (Figure 2). Wattles and straw bales had been <br /> installed uphill of the excavation in advance of any disturbance, and prior to the most <br /> recent snowfall. <br /> Topsoil <br /> • Topsoil along the Bear Creek channel at the Fansite Facility was being removed by two <br /> excavators and a D6N bulldozer, and being hauled to the designated stockpile area by a <br /> team of rubber-tired front-end loaders (Figure 3). <br /> General Mine Plan Compliance <br /> • Construction at the Bear Creek Fansite Facility was in its very early stages, and disturbance <br /> was limited to that which is necessary for pipe installation. OMLLC plans to have the pipe, <br /> which will carry Bear Creek beneath the Fansite Facility, installed and backfilled prior to the <br /> onset of spring runoff. The pipe will be Reinforced Concrete Pipe, 6 feet in diameter, and will <br /> Elk Creek Mine C=1981-022 29-Jan-2009 <br /> -1- <br />