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III. COMMENTS-COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made during the <br /> inspection. Comments also describe any enforcement actions taken during the inspection and the facts or <br /> evidence supporting the enforcement action. <br /> This was a partial inspection conducted by Joe Dudash of the Colorado DBMS. Jim Kiger represented the <br /> operator,Oxbow Mining LLC. The area had received a recent snowfall of several inches. Some melting was <br /> taking place. <br /> The haul road leading to the Elk Creek Mine facilities area was partially snow packed and the gravel base was in <br /> good condition.The Elk Creek Mine facilities bench was very wet from melting snow. There were no problems <br /> with any of the mine facilities structures.There were no leaks at the fuel facility. The cut and fill slopes were <br /> snow covered but appeared to be stable. The topsoil stockpile was snow covered as well. <br /> Pond D was covered in snow.The snow level in the pond was about two feet below the primary discharge level. <br /> The discharge structures were functional but there was no discharge from pond D. The pond embankment <br /> appeared to be stable.No problems were noted with the four cap and powder houses near the base of the pond D <br /> embankment. <br /> There was a large volume of coal at the coal stockpile area located below pond D.The large volume of <br /> stockpiled coal was due to a mechanical problem at the loadout.A half filled unit train was on standby until the <br /> problem could be fixed. <br /> The east yard was well organized.The area was very wet due to melting snow.The east yard pond was covered <br /> in snow.Further to the east was the Sanborn Creek fan site. The entire site, including the pond and the topsoil <br /> stockpile,was snow covered. The topsoil sign was up on the topsoil stockpile. The road leading east from the <br /> east yard to the Sanborn Creek fan site was partially snow covered and was in very good shape. The east side <br /> entrance gate was open. <br /> The mine office parking areas were very wet from snow melt.Pond B was covered in snow.The snow level in <br /> pond B was about two feet below discharge. <br /> The mine 1D sign was up at the entrance to the mine site.There were no indications of fugitive dust going <br /> offsite. <br /> c:/word2007/elkcreek/insp 1209 <br />