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XBOW MINING, LLC <br />Miscellaneous Comments: <br />THIRD QUARTER 2013 POND INSPECTION REPORT <br />Pond Inspection Date: September 13, 2013 <br />1. The SWMP control devices were inspected and all SWMP control devices were found to be in fair <br />condition. Performed further routine SWMP maintenance during the quarter on Elk Creek Mine and <br />facility roads. During the quarter, sumps in front of straw bales were cleaned and/or straw bales replaced, <br />as part of routine maintenance after storms. Additional wattles were placed on the back entrance road. <br />2. Sediment and Water Level Determination – When sediment enters a pond, it is deposited unevenly, <br />usually collecting at the inlets rather than evenly across the bottom of the pond. Reported sediment levels <br />are based upon the inspector's observations made throughout the quarter during routine inspections in <br />combination with knowledge of the pond structure. The reported pond water level is also determined by <br />observations relative to the various landmarks in the pond (depth to bottom, primary riser, etc.) <br />3. Pond A was cleaned of approximately 40 cy of material. Pond B was cleaned of approximately 740 <br />cy of material and Pond D was cleaned of approximately 720 cy of material during the quarter. Initially, <br />Pond 010 - East Yard Pond received the wet B pond material in order to facilitate drying. It was <br />subsequently entirely rehandled and hauled to the II West Refuse Area for final disposal. <br />Notwithstanding comments above, ponds have been maintained as designed and in accordance with the <br />approved plan. <br />Inspected By: `^ V.,— d. k' <br />James A. Kiger <br />ACJY� <br />Under Direction of: <br />Benjamin L. Go u� 1 <br />Colorado Registe f�csicxt4I�iag�ineer No. 34286 <br />s/0 P1 A� <br />3737 Hwy 133 • P.O. Box 535 • Somerset, Colorado 81434 USA <br />TEL (970) 929-5122 •4 FAX (970) 929 -51 77 <br />