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November 8, 2011 C-1981-022/Elk Creek Mine 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 R -Roads <br /> R -Availability of Records N -Reclamation Success <br /> R -Backfill &Grading N -Revegetation <br /> N -Excess Spoil and Dev.Waste N - Subsidence <br /> R -Explosives N - Slides and Other Damage <br /> N -Fish&Wildlife N - Support Facilities On-site <br /> R -Hydrologic Balance R - Signs and Markers <br /> N -Gen. Compliance With Mine Plan N - Support Facilities Not On-site <br /> N -Other N - Special Categories Of Mining <br /> N -Processing Waste R -Topsoil <br /> COMMENTS <br /> INTRODUCTION: This was a complete inspection of the Elk Creek Mine conducted by Brock Bowles of the <br /> Colorado Division of Reclamation, Mining and Safety on November 8, 2011. Jim Kiger,Environmental Manager <br /> for Oxbow Mining, LLC(OMLLC)was present for the inspection. Weather conditions were clear and cool. The <br /> ground was damp. The gob vent borehole sites were inaccessible due to poor driving conditions in the <br /> mountainous areas. <br /> AIR RESOURCE PROTECTION—Rule 4.17: <br /> The stacking tubes were in operation stacking coal during the inspection. There was a moderate amount <br /> of coal in the stockpile. There were no signs of fugitive dust on site of off. <br /> AVAILABILITY OF RECORDS —Rule 5.02.4(1): <br /> All files were on file and available for review at the OMLLC office. See attached Availability of Records <br /> checklist. <br /> BACKFILL and GRADING—Rule 4.14 Contemporaneous Reclamation 4.14.1;Approximate Original <br /> Contour 4.14.2; Highwall Elimination 4.14.1(2)(f); Steep Slopes 4.14.2, 4.27;Handling of Acid and Toxic <br /> Materials 4.14.3; Stabilization of Rills and Gullies 4.14.6: <br /> The B-Seam portal on Hubbard Creek was inspected and there were no signs of settling, clumping or <br /> cracks in the reclaimed portal area. <br /> EXPLOSIVES—Rule 4.08 Distance Prohibitions 4.08.4;Warnings 4.08.4; Control of Adverse Effects 4.08.4: <br /> The area around the detonation caps and explosive lockers were cleared of vegetation and debris. <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 /> Number of Partial Inspection this Fiscal Year: 3 <br /> Number of Complete Inspections this Fiscal Year: 2 <br /> Page 2 of 6 <br />