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October 13, 2011 C -1983- 059 /Terror Creek Loadout BFB <br />Inspection Topic Summary <br />NOTE: Y= Inspected N =Not Inspected R= Comments Noted V= Violation Issued NA =Not Applicable <br />R - Air Resource Protection <br />N - Availability of Records <br />N - Backfill & Grading <br />N - Excess Spoil and Dev. Waste <br />N - Explosives <br />N - Fish & Wildlife <br />R - Hydrologic Balance <br />N - Gen. Compliance With Mine Plan <br />N - Other <br />N - Processing Waste <br />R - Roads <br />N - Reclamation Success <br />N - Revegetation <br />N - Subsidence <br />N - Slides and Other Damage <br />N - Support Facilities On -site <br />R - Signs and Markers <br />N - Support Facilities Not On -site <br />N - Special Categories Of Mining <br />R - Topsoil <br />COMMENTS <br />INTRODUCTION — This was a partial inspection of the Terror Creek Loadout facility conducted by Brock <br />Bowles of the Colorado Division of Reclamation, Mining and Safety on October 13, 2011. Jim Kiger, <br />Environmental Manager for Oxbow Mining, LLC was present during the inspection. Weather conditions were <br />sunny and warm and ground conditions were dry. <br />AIR RESOURCE PROTECTION — Rule 4.17: <br />A large quantity of unsorted coal was stockpiled on the bench area, rail cars were loaded and sorted coal <br />was piled. The screening machine was not running and trucks were not hauling coal at the time of inspection. <br />There was no evidence of fugitive dust on site or off. <br />HYDROLOGIC BALANCE - Rule 4.05 Drainage Control 4.05.1, 4.05.2, 4.05.3; Siltation Structures 4.05.5, <br />4.05.6, Discharge Structures 4.05.7, 4.05.10; Diversions 4.05.4; Effluent Limits 4.05.2; Ground Water <br />Monitoring 4.05.13; Surface Water Monitoring 4.05.13; Drainage — Acid and Toxic Materials 4.05.8; <br />Impoundments 4.05.6, 4.05.9; Stream Buffer Zones 4.05.18: <br />Culverts CMP 4 1, 2, 3, & 4 were inspected. All were clean and in good condition. Ditch B had some <br />standing water, but it was in good condition. The sediment pond had some standing water but was not <br />discharging. The pond embankments were well vegetated and appear to be stable. The dugout pond was dry. <br />The straw bales at SAE -1 are no longer effective at trapping sediment and need to be replaced (photo 1). The <br />sediment in the drain also needs to be cleaned out. The sediment screens at SAE -3 are in working order. <br />ROADS — Rule 4.03 Construction 4.03.1(3)/4.03.2(3) Drainage 4.03.1(4)/4.03.2(4) Surfacing and <br />Maintenance4.03.1(5) and (6)/4.03.2(5) and (6) Reclamation 4.03.1(7)/4.03.2(7): <br />The main haul road was well maintained and stable. All other access roads around the office and <br />screening machine were well maintained and stable. The rills and gullies along the main haul road, south of the <br />access road were not repaired at the time of inspection. The tractor needed for this task has not been available. <br />SIGNS AND MARKERS — Rule 4.02: <br />Number of Partial Inspection this Fiscal Year: 3 <br />Number of Complete Inspections this Fiscal Year: 1 <br />Page 2 of 4 <br />