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November 7, 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 />R - 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 complete inspection of the Terror Creek Loadout conducted by Brock Bowles of <br />the Colorado Division Of Reclamation, Mining and Safety on November 7, 2011. Jim Kiger, Environmental <br />Manager for Oxbow Mining, LLC was not present for the inspection. The weather conditions were sunny and <br />cool. The ground conditions were damp. <br />AIR RESOURCE PROTECTION — Rule 4.17: <br />Railcars were being loaded and coal haul trucks were unloading during the inspection. Sorted coal was <br />also being loaded onto trucks by the loader for shipment to suppliers. The sorting /crusher machine was also in <br />operation. A large amount of coal was stockpiled at the facilities. There were no signs of fugitive dust onsite of <br />offsite. <br />AVAILABILITY OF RECORDS — Rule 5.02.4(1): <br />The required records were located at the Terror Creek Loadout office. See the attached list of records <br />reviewed. <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 />Diversion ditch B was clean with some standing water. The sediment control ditch was clear of debris. <br />The sediment pond had some water but was not discharging. The dugout pond was dry. The sediment fences for <br />SAE -4 and SAE -3 were clear of debris and appeared to be operational. The straw bales around SAE -1 were <br />replaced and the general area was cleared of debris (photo 1). <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 appeared to be stable. All other roads around the office and <br />Number of Partial Inspection this Fiscal Year: 3 <br />Number of Complete Inspections this Fiscal Year: 2 <br />Page 2 of 5 <br />