_INSPECTION - C1981022 (29) - Laserfiche WebLink

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Ill. 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 Complete Inspection of the Elk Creek Mine conducted by Marcia Talvitie of the Colorado DRMS beginning at 9:15 a.m. on Wednesday, 23 September 2009. Jim Kiger represented the operator, Oxbow Mining LLC, during the inspection. The weather was clear and mild. A major focus of this inspection was the network of exploration and gob vent borehole (GVB) pad sites located in the northern portion of the permit area east of Bear Creek. There has been no final word, as yet, regarding Colorado's Roadless Rule. For mine safety reasons, OMLLC will need to construct temporary roads and methane ventilation sites before it can mine the coal reserves on USFS lands in the northeastern corner of the permit. Three boreholes in panel 16 were previously proposed (and subsequently withdrawn), with more to come once the Roadless question is resolved. Currently, authority for approval of activities with the Inventoried Roadless Areas lies with the Secretary of Agriculture. Availability of Records • Permit records were available for inspection at the mine office. A completed DRMS Availability of Records form is attached to this report. Roads • The Bear Creek Road had been recently graded and was in good condition. OMLLC has installed a heavy, padlocked gate at the lower end to prevent access by unauthorized personnel. There was some hunting-related traffic on the road - individuals traveling to and from Hotchkiss Ranches. • Light Use Roads providing access to the GVB sites were in good condition and easily passable by vehicle. • The East Yard road had been recently resurfaced with gravel. Hydrologic Balance • The water level in all ponds was below the level at which discharge will occur (Figure 1). • Ponds C, E, East Yard and Substation No. 3 were dry. Support Facilities • The above-ground fan structure was being installed at the Bear Creek Fansite during the inspection. Topsoil • At each of the GVB pad sites inspected, the topsoil resource had been stripped aside using a bulldozer prior to construction of the pad. The thickness of topsoil, and therefore the size of the piles, varies greatly from one location to another. Stockpiles had been clearly posted with identifying signs. General Mine Plan Compliance • In the permit application package, GVB locations are displayed on Drawing No. 2.05-M1, Sheet 6. This map was most recently updated with the approval of TR-63 in June 2009, which Elk Creek Mine C-1981-022 23-Sep-2009 -1-