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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 9:15 a.m. on 20-May-2009. Jim Kiger represented the operator, Oxbow <br /> Mining LLC, during the inspection. The inspection was focused on construction progress at the <br /> Bear Creek Fansite Facility (as approved under TR-60), and also included a drive further up the <br /> valley to observe the condition of various methane ventilation boreholes. The weather was <br /> sunny and mild. <br /> Roads <br /> • The condition of the Bear Creek Road that provides access to the Fansite Facility was greatly <br /> improved over what existed during the previous month's inspection. <br /> • Jim Kiger said that more of the material that had been pushed over the side will be pulled <br /> back up to the roadway, and additional wattles will be installed. In addition, the disturbed <br /> slopes will be seeded by the summer employees. <br /> • The road surface was dry and well-graded, and our vehicle followed two tractor-trailer rigs to <br /> the Fansite Facility, bearing equipment for the electrical substation on their flatbed trailers <br /> (Figure 1). <br /> Hydrologic Balance <br /> Bear Creek Fansite <br /> • The flow in Bear Creek was diminished. Snowmelt occurred early this season across the <br /> Western Slope, and was already waning at the time of the inspection. <br /> • A small flow of groundwater was infiltrating the excavation work at the Fansite borehole. This <br /> water was being pumped to the ditch that bounds the eastern side of the pad area. Due to <br /> the fine-grained nature (shale) of the material that is being bored through, the water did <br /> contain visible suspended solids (Figure 2). In order to address this, the operator had installed <br /> a series of BMPs (wattles) along the ditch as it proceeded south toward Bear Creek (Figure <br /> 3). Jim Kiger directed the project manager to enlarge the sumps at the upstream end, and <br /> said they may also add a flocculating agent to accelerate the settling time of clay-sized <br /> particles. <br /> Methane Ventilation Boreholes <br /> • A generalized diagram for degassification (methane ventilation) well sites is found on Sheet 4 <br /> of Map 2.05-M4 in the permit application package. Key features for protection of the <br /> hydrologic balance are the Clean Water Diversion upslope of the well site cut slope and the <br /> Runoff Sediment Control Berm on the downhill side. <br /> • Of the sites observed from a distance, downslope erosion protection BMPs were visible for <br /> GVB LW09-05, LW 10-05, and LW 11-03. <br /> • The installation of BMPs downslope of GVB LW07-02 and LW08-02 could not be verified during <br /> this site visit; a follow-up inspection will be conducted for that purpose. <br /> Elk Creek Mine C-1981-022 20-May-2009 <br /> -1- <br />