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III. COMMENTS - COMPLIANCE <br /> Elk Creek C-1981-022 <br /> Pg 1/3 15 July 2009 <br /> Below are comments on the inspection. The comments include discussion of observations <br /> made during the inspection. Comments also describe any enforcement actions taken during <br /> the inspection and the facts or evidence supporting the enforcement action. <br /> This was a partial inspection of the Elk Creek and Sanborn Creek Mines conducted on 15 July 2009 by <br /> Jim Stark of CDRMS. Jim Kiger of Oxbow Mining, LLC accompanied me on the inspection. The mine was <br /> producing coal at the time of the inspection and the coal stockpile was full. The weather was warm <br /> and a bit overcast and the ground was dry. <br /> Signs and Markers: - The mine ID sign was in place at both the main entrance at the train loadout <br /> and the back entrance along old Highway 133. The signs contained all of the required information. <br /> The sign was in place at the West Valley Fill and the topsoil stockpile sign was in place at the <br /> topsoil pile for the fill. Permit boundary and disturbed boundary markers were also in place as <br /> required. All of the topsoil stockpile signs at the fan sites were in place as required. <br /> Roads: - The mine access road is a paved road. The road is well maintained and in good condition. <br /> - The road to the Elk Creek portals and facilities area is a dirt road that is surfaced with rock. <br /> The road was dry and appeared to be stable and well maintained at the time of the inspection. No <br /> erosional problems were noted on the road at the time of the inspection. <br /> - The haul road to the West Valley Fill was dry and appeared to be stable at the time of the <br /> inspection. There was no major rutting or erosional problems noted on the road at the time of the <br /> inspection. <br /> - The haul road to the II-West valley fill, which is a spur off of the road to the West Valley Fill, <br /> was also dry and appeared to be stable at the time of the inspection. No ruts or erosional problems <br /> were noted on the road at the time of the inspection. <br /> - The East Yard Haul Road was well maintained and stable at the time of the inspection. This road <br /> is used for accessing the mine when a train is being loaded and for general mine storage. The gate <br /> to this "back" entrance has been locked unless a train is being loaded. No erosional problems were <br /> noted on the road at the time of the inspection. <br /> - The road to the Hubbard Creek fan site was dry and appeared to be well maintained and stable at <br /> the time of the inspection. This road is also used by Hotchkiss Ranch, the Bowie No. 2 Mine and <br /> outfitters and hunters. The road spur to the fan site itself was well maintained and stable. No <br /> rutting or erosional problems were noted on these roads. <br /> Hydrologic Balance: - Pond A contained water approximately one foot below the top and was not <br /> discharging at the time of the inspection. The pond is an incised pond. The pond was stable at the <br /> time of the inspection. <br /> - Pond B contained water approximately three feet below the emergency spillway at the time of the <br /> inspection but was not discharging (discharge is through a gated valve below the water level). The <br /> embankment was well vegetated and appeared to be stable. No erosional problems were noted on <br /> the pond embankment. The emergency spillway was stable at the time of the inspection. This pond <br /> is scheduled to be cleaned the week of 20 July 2009. The material from the pond will be hauled to <br /> the East Yard Pond to dry then moved to the refuse pile. <br />