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January 20, 2011 C- 1981- 022/Elk Creek Mine MPH <br />Inspection Topic Summary <br />NOTE: Y= Inspected N Not Inspected R=Comments Noted V= Violation Issued NA Not Applicable <br />N - Air Resource Protection <br />N - Availability of Records <br />N - Backfill & Grading <br />NA - Excess Spoil and Dev. Waste <br />N - Explosives <br />N - Fish & Wildlife <br />Y - Hydrologic Balance <br />Y - Gen. Compliance With Mine Plan <br />R -Other <br />N - ProcessingWaste <br />INTRODUCTION <br />Y - Roads <br />N - Reclamation Success <br />N - Revegetation <br />N -Subsidence <br />R - Slides and Other Damage <br />Y -Support Facilities On -site <br />N -Signs and Markers <br />N -Support Facilities Not On -site <br />NA - Special Categories Of Mining <br />N -Topsoil <br />This was an aerial inspection of the Elk Creek Mine conducted by Harry Ranney of the Division of Reclamation, <br />Mining and Safety (DRMS). Aerial photographs were taken on January 20, 2011 at approximately 1:54 PM. Ten <br />photographs were taken during the flyover. Mike Boulay of the DRMS reviewed the aerial photographs. <br />Weather conditions were clear and sunny and the ground was mostly snow covered at the higher elevations of the <br />site. Photographs were taken of the main facilities along the Elk Creek drainage, and a portion of the coal refuse <br />facilities located to the west including the West Valley Coal Refuse Pile. Several ponds were visible in the <br />photographs including Ponds A, B, C and D. All site locations visible in the photographs appeared stable and no <br />significant erosion or other problems were identified with this aerial inspection. <br />SLIDES and DAMAGE - Rule 4.12: <br />Also shown in the aerial photography is the location along the back entrance road where material from a slide was <br />temporarily stockpiled. On January 4. 2011 a section of the hillside located above the back entrance road —' /a mile <br />east of the West Elk Loadout came down and covered the road. The area is not mining related and is considered <br />part of the old CDOT highway and, as such, is CDOT jurisdiction. The road was blocked for a period of time until <br />the slide material could be moved to the stockpile location. See Photograph No. l of the slide that was taken <br />earlier by OINILLC. This photo was not taken during this aerial inspection. <br />The actual slide area is located between MCC's loadout and the Sanborn Creek fansite. The area is located along <br />the old highway 133 and the maintenance for that section of road is handled by CDOT. The slide area is not <br />located near any Oxbow mine activity, but may be near the foot print of the old pre -law Oliver Mine workings. <br />OMLLC made arrangements with CDOT to move the material to a disposal site. Some of the first loads of slide <br />dirt were hauled to the temporary stockpile location to get the back road open at a time when the CDOT did not <br />Number of Partial Inspection this Fiscal Year: 5 <br />Number of Complete Inspections this Fiscal Year: 2 <br />Page 2 of 5 <br />