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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 a complete inspection of the Elk Creek Mine conducted on June 23, 2010 by Mike <br /> Boulay of the Division of Reclamation, Mining, and Safety(DRMS). Howard Strand, Christine <br /> Belka, and Christy Hulsman from the Office of Surface Mining(OSM) conducted a complete <br /> oversight inspection and three special focus evaluations (signs &markers, de-gas borehole <br /> reclamation success, and de-gas borehole prevention of off-site impacts). Jim Kiger, <br /> Environmental Manager from Oxbow Mining, LLC (OMLLC) was present during the entire <br /> inspection. Weather conditions were sunny and warm and ground conditions were dry at the site. <br /> Numerous gob vent borehole (GVB) sites and associated drill pads and light use drill roads were <br /> inspected as part of the special focus evaluation and complete inspection. At the start of the <br /> inspection the pertinent sections of the permit application package regarding methane drainage <br /> wells and supporting permit documentation were reviewed by DRMS, OMLLC and OSM <br /> participants at the Elk Creek Mine office. Mr. Kiger gave an overview of Colorado's Roadless <br /> Rule and discussed specific requirements for accessing and drilling on USFS lands. Conditions <br /> of Surface Use for GVB sites as specified by the USFS with the recent approval of Technical <br /> Revision No.'s 64 and 65 (TR-64 &TR-65) were also reviewed prior to the inspection. To <br /> provide a good overview of reclamation success and prevention of off-site impacts with regard to <br /> methane drainage wells, a variety of GVB sites were inspected ranging from newly drilled <br /> boreholes to various stages of reclamation including fully reclaimed GVB sites. The inspection <br /> began at the Bear Creek Road and proceeded to the northwest on various light use roads <br /> accessing BLM and USFS property. Along the Bear Creek Road the Bear Creek Ventilation Fan <br /> site was operational and methane was being vented (see attached Photograph No. 1). There were <br /> no methane drainage wells being drilled at the time of the inspection. <br /> During the afternoon the Elk Creek Fan site was inspected. With Technical Revision No. 68, <br /> OMLLC was approved to install a steel cased methane drainage borehole and construct a twin <br /> electric driven methane exhauster system. The methane exhauster system would be similar to the <br /> facility located at the Bear Creek Fan site facility. The new location is at the far end of the <br /> disturbance boundary on the Elk Creek drainage specifically at the North SAE. Elk Creek is <br /> immediately adjacent to the Fan site facility. The Division has previously approved the diversion <br /> of an intermittent stream (Elk Creek). The stream channel will be reconstructed in accordance <br /> with 4.05.4(4). The Division has also approved surface and underground mining operations <br /> within and through Elk Creek, an intermittent stream at this location(see RN-5 Findings <br /> document dated February 9, 2009). Construction is well underway at the Elk Creek Fan site <br /> methane drainage facility. The methane drainage well has been completed and the concrete <br /> foundations are being constructed for the methane exhausters housing(see Photograph No. 2). <br /> Permit disturbance boundary markers were in place at the construction site and OMLLC has done <br /> a good job at constructing a rock and earthen berm to protect the creek from the disturbed area. <br />