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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 /> Excess Spoil 8, Development Waste <br /> • Numerous loads of development waste have been dumped at the active level of the II West <br /> Valley Fill. <br /> Reclamation Success <br /> • The reclaimed Somerset Mine B-Seam portal area is well vegetated and free of noxious <br /> weeds. <br /> • Whitetop and Canada thistle were thriving at the well-vegetated Hubbard Creek pond. The <br /> operator will have these sprayed in the very new future. <br /> Other <br /> • We stopped at the site of the reclaimed Hawksnest Mine, between the East Yard and <br /> Substation No. 3. The railroad has approached Oxbow about the possibility of reopening the <br /> road that ran from the old SH 133 down to the tracks, to improve the safety of accessing a <br /> switch during the winter months. OMLLC will have its own agreement with the RR. A Minor <br /> Revision will be submitted to the Division to include the road feature, since it is within the <br /> permit boundary. Any disturbance will not be mining-related. <br /> Elk Creek Mine C-1981-022 09-Jun-2009 <br /> -3- <br />