_INSPECTION - C1981022 ‎(43)‎

• Permit No: C1981022
• IBM Index Class Name: INSPECTION
• Doc Name: Inspection Report
• Inspection Date: 3/31/2010
• Email Name: MPB
• Email Name: SB1
• Media Type: D
• Archive: No

III. 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 Mike Boulay of the
Colorado Division of Reclamation, Mining and Safety on March 31, 2010. Jim Kiger,
Environmental Manager for Oxbow Mining, LLC (OMLLC) was present during the entire
inspection. Weather conditions were cloudy and cool with rain and snow forecast for later in the
day. Ground conditions were mostly dry. There is still a large coal stockpile at the stacker
tubes, as indicated in the last inspection report trains had been slow in coming to the mine. A
coal train was being loaded with coal at the time of this inspection.
Availability of Records
The availability of records was checked on the afternoon of 3/31. All required records were on
file and available for review at the OMLLC office. No problems were noted with the records
review. OMLLC does an excellent job at maintaining and updating the records file. The records
are organized and easily accessible. See the attached Availability of Records checklist.
Roads
The Elk Creek Haul and Access Roads, Bear Creek and Hubbard Creek Access Roads were
inspected. Road ditches and road culverts were generally well maintained and road surfaces
were graded and stable. Cut slopes along these drainages were stable and no slides or other
damage was noted along any of the haul/access roads. All other roads throughout the permit area
were in good condition.
Hydrologic Balance
One objective of this complete inspection was to look at the proposed location for a new methane
drainage facility to be located at the Elk Creek Fan bench. With Technical Revision No. 68,
OMLLC is proposing to install a steel cased methane drainage borehole and construct a twin
electric driven methane exhauster system. The methane exhauster system would be similar to
the facility located at the Bear Creek Fansite Facility. The new location is at the far end of the
disturbance boundary on the Elk Creek drainage specifically at the North SAE. The area is
presently disturbed and covered by rocks and boulders salvaged from initial Elk Creek Mine
construction. The rocks are used as erosion protection for the Small Area Exemption. Prior to
visiting the site I reviewed TR-68 and it appears that the proposed facility will be located within
the present disturbance boundary. However, it is located very close to the edge of the approved
disturbance line. If additional disturbance is necessary to adequately construct the drill pad site
then OMLLC should revise the application and update appropriate maps and permit sections
accordingly. The Division's adequacy review letter for TR-68 is forthcoming. The Division has