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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 /> Topsoil <br /> • The topsoil stockpile at Substation No. 3 is well vegetated and stable with respect to erosion. The <br /> toe of the pile, where it abuts the sediment pond, is buttressed (intentionally or not) with a series of <br /> large boulders. The northern side of the stockpile-was still snow-covered. <br /> • The stockpile at the upper end of the Elk Creek facilities was snow-covered. <br /> Fish & Wildlife <br /> Fresh elk tracks were plentiful at Substation No. 3. <br /> • A small group of mule deer was seen on the western slope above the II West Valley Fill. <br /> Excess Spoil 8, Development Waste <br /> • The outer slope of the II West Valley Fill, topsoiled and seeded in the fall of 2008, appeared to have <br /> remained stable throughout the winter. <br /> • On top of the II West fill, where development waste is currently being dumped, a large puddle had <br /> formed at the back side of the pad. The operator indicated that the situation would be remedied <br /> immediately. <br /> Bear Creek Fansite <br /> • The access road was extremely muddy due to the recent rainfall and the associated thawing of <br /> frost from the ground (Figure 4). Two bulldozers were working the road, to keep it passable. <br /> • Survey stakes were spaced at intervals alongside the road, marking the locations of power poles to <br /> be installed. <br /> • Construction activities were ongoing at the Bear Creek Fansite Facility. The Reinforced Concrete <br /> Pipe (RCP) had been placed (Figure 5), with backfill nearing completion. A grizzly was on-site, <br /> screening the coarse rock from native material to create suitable backfill. <br /> • Placement of the fan shaft collar had also begun. Additional segments will be added vertically, <br /> until the collar extends up to the level of the road (final elevation of the Fansite bench). <br /> • Bear Creek was running at a trickle. The coffer dam upstream of the Fansite was still in place, with <br /> the flow being routed through a black HDPE pipe inside the RCP. <br /> • A track hoe was clearing brush from the slope above the Fansite, and removing topsoil for <br /> placement in the stockpile. <br /> • Straw bales and wattles were located along the slope above Bear Creek, below the construction <br /> activities (Figure 6). <br /> The field portion of the inspection was concluded at 15:00 hours. <br /> Elk Creek Mine C-1981-022 26-Feb-2009 <br /> -2- <br />