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June 29, 2012 C- 1981 - 022 /Elk Creek Mine MLT <br />Inspection Topic Summary <br />NOTE: Y= Inspected <br />V= Violation Issued <br />N =Not Inspected <br />NA =Not Applicable <br />N - Air Resource Protection <br />N - Availability of Records <br />N - Backfill & Grading <br />R - Excess Spoil and Dev. Waste <br />N - Explosives <br />N - Fish & Wildlife <br />R - Hydrologic Balance <br />N - Gen. Compliance With Mine Plan <br />R - Other <br />N - Processing Waste <br />R= Comments Noted <br />R - Roads <br />N - Reclamation Success <br />N - Revegetation <br />N - Subsidence <br />N - Slides and Other Damage <br />Y - Support Facilities On -site <br />N - Signs and Markers <br />N - Support Facilities Not On -site <br />N - Special Categories Of Mining <br />N - Topsoil <br />COMMENTS <br />This was a partial inspection of the Elk Creek Mine conducted by Marcia Talvitie of the Division <br />on Friday, June 29, 2012. Jim Kiger, of Oxbow Mining, LLC (Oxbow) escorted me on the <br />inspection. The temperature was warm, and the skies were clear. <br />EXCESS SPOIL and DEVELOPMENT WASTE — Rule 4.09 <br />Placement; Drainage Control; Surface Stabilization: <br />• Permanent placement of the mine's coal mine (development) waste presently occurs at the II <br />West Valley Fill, a permitted coal mine waste disposal area. As viewed from the II West <br />Haul Road, the upper surface of the pile appears to have been compacted using a sheepsfoot <br />roller, and graded to drain to the ditches at the side. A berm across the front of the pile <br />prevents surface runoff from flowing down the face of the pile (Photo 1). <br />• No erosion or instability was noted on the outer slope of the 11 West pile, which is well <br />vegetated (Photo 2). <br />• The upper end of the West Valley Fill continues to serve as a temporary storage area for coal <br />mine waste. Oxbow has delayed completing construction of the fill because of this useful <br />function. <br />HYDROLOGIC BALANCE - Rule 4.05 <br />Drainage Control 4.05.1, 4.05.2, 4.05.3; Siltation Structures 4.05.5, 4.05.6; Discharge Structures <br />4.05.7, 4.05.10; Diversions 4.05.4; Effluent Limits 4.05.2; Ground Water Monitoring 4.05.13; <br />Surface Water Monitoring 4.05.13; Drainage — Acid and Toxic Materials 4.05.8; Impoundments <br />4.05.6, 4.05.9; Stream Buffer Zones 4.05.18: <br />• Sediment has been recently excavated from Ponds A, B (Photo 3) and D. The sloppy <br />material was hauled to and dumped in the East Yard Sedimentation Pond for temporary <br />Number of Partial Inspection this Fiscal Year: 8 <br />Number of Complete Inspections this Fiscal Year: 4 Page 2 of 6 <br />