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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 /> This was an aerial inspection of the Elk Creek Mine conducted by Harry Ranney of the Division <br /> of Reclamation, Mining and Safety(DRMS). Aerial photographs were taken on May 20, 2010 at <br /> approximately 7:37 a.m. Fourteen photographs were taken during the flyover. Mike Boulay of <br /> the DRMS reviewed the aerial photographs. <br /> Weather conditions were clear and sunny and the ground appeared to be dry throughout the mine <br /> site at the time of the flight. Photographs were taken of the Bear Creek Fan site, the main <br /> facilities along the Elk Creek drainage, and the coal refuse facilities located to the west. <br /> The Bear Creek Fan site is shown in attached Photograph No. 1. This location is very well <br /> maintained. The Elk Creek Upper Fan bench is shown in Photograph No. 2. At this location it <br /> appears that a motor grader is working to build out the borehole drill pad for the new methane <br /> drainage facility to be located at the Elk Creek Fan bench. This facility was approved with <br /> Technical Revision No. 68 and will consist of a steel cased methane drainage borehole and a <br /> twin electric driven methane exhauster system. The methane exhauster system would be similar <br /> to the facility located at the Bear Creek Fan site facility. As shown in the attached photo, the <br /> new facility location is at the far end of the disturbance boundary on the Elk Creek drainage <br /> specifically at the North SAE. From the aerial photograph it appears that Oxbow Mining, LLC <br /> (OMLLC) is taking adequate measures to provide erosion protection and to protect the Elk Creek <br /> drainage at this new drill site location. The Elk Creek Mine main level facilities are shown in <br /> attached Photo No. 3. The coal stockpile, loadout facilities,bath house, office, and <br /> warehouse/shop are all visible in the photograph. The facilities and surrounding perimeter areas <br /> all appear to be maintained and no areas of concern were identified. The II-West refuse pile is <br /> shown in Photograph No. 4. The refuse pile is stable with no signs of erosion or instability. <br /> Several ponds were visible in the photographs including Ponds A, B, D, and E. Ponds A, B, and <br /> D were retaining significant amounts of water. All sediment control structures shown in the <br /> photographs are stable and functioning properly. Access and haul roads appear to be in good <br /> condition. All site locations visible in the photographs appeared stable and no significant erosion <br /> or other problems were identified with this aerial inspection. <br />