_INSPECTION - C1981022 (44) - Laserfiche WebLink

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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 and Sandy Brown of the Colorado DRMS beginning at 9:30 a.m. on 15 April 2009. Jim Kiger represented the operator, Oxbow Mining LLC, during the inspection. The weather was clear and mild. The inspection began at the OMLLC office with a discussion of recent and proposed permitting actions. TR-62, which proposed the development of 61 ventilation boreholes, had been withdrawn earlier in the week. The mine plan is being changed in response to input from MSHA, and the change will result in the proposed locations of the ventilation boreholes being adjusted. The primary focus of the field inspection was the ongoing construction activity at the Bear Creek Fansite Facility. The pad has reached its approximate final elevation, minus the road base that will ultimately be placed as surfacing material. The pad has been well compacted by sheeps-foot roller, and the cut slopes have been laid back. Signs and Markers Survey stakes have been placed at the top of the cut slope (Figure 1) on the east side of the Fansite pad. Roads The permit area had received recent rainfall, and portions of the Bear Creek light use road were muddy once again. In an effort to keep the road passable, and to get the muddy material out of the way, a large excavator had lifted much of the wet material to form a berm to the side of the road, adjacent to Bear Creek. It appeared there might be some risk of material tumbling from the roadside berm into the creek below. Jim Kiger spoke with the operator of the track hoe, and said he would also discuss the matter with the project engineer. The operator is herein reminded the requirements of of Rule 4.03.3 - Light-Use Roads: (1)(a) states, "Each person who conducts surface coal mining operations shall design, construct or reconstruct, utilize, and maintain light-use roads to control or prevent erosion and siltation, air and water pollution, and damage to public or private property. (1)(b)follows with, "...light-use roads shall not cause damage to fish, wildlife, and related environmental values and shall not cause additional contributions of suspended solids to streamflow or to runoff outside the permit area. Any such contributions shall not be in excess of limitations of State or Federal law." Hydrologic Balance A natural drainage approaches the pad from the east, and the extension of this channel, running down the face of the cut slope, has been riprapped (Figure 2). In addition, riprap had been placed against the toe of the cut slope and upon the fill slopes surrounding the Bear Creek pipe inlet and outlet. The flow in Bear Creek has begun to increase due to snowmelt at higher elevations. The coffer dam and HDPE pipe observed on the previous two inspections have been completely removed (Figure 3). Topsoil Construction of the topsoil stockpile at the Bear Creek Fansite Facility has not yet been completed. The material has been pushed toward the hillside south of the Fansite, but needs additional drying time before being pulled back tight against the hillside. Elk Creek Mine C-1981-022 15-Apr-2009 -1-