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October 24,2013 C-1980-007/West Elk Mine JRS Inspection Topic Summary NOTE: Y=Inspected N=Not Inspected R=Comments Noted V=Violation Issued NA=Not Applicable N -Air Resource Protection R -Roads N -Availability of Records N -Reclamation Success N -Backfill& Grading N -Revegetation N -Excess Spoil and Dev.Waste N - Subsidence N -Explosives R - Slides and Other Damage N -Fish&Wildlife N - Support Facilities On-site R -Hydrologic Balance N - Signs and Markers R -Gen. Compliance With Mine Plan N - Support Facilities Not On-site N -Other N - Special Categories Of Mining R -Processing Waste N -Topsoil COMMENTS This was a partial inspection of the West Elk Mine conducted by Jim Stark of the Colorado Division of Reclamation,Mining and Safety. Jessica Loveland,representing Mountain Coal,was present on the inspection. The mine was actively mining coal,loading coal and hauling coal refuse to the refuse pile. The weather was warm and sunny and the ground was dry. HYDROLOGIC BALANCE -Rule 4.05 Drainage Control 4.05.1,4.05.2,4.05.3; Siltation Structures 4.05.5, 4.05.6; Discharge Structures 4.05.7,4.05.10; Diversions 4.05.4;Effluent Limits 4.05.2; Ground Water Monitoring 4.05.13; Surface Water Monitoring 4.05.13; Drainage—Acid and Toxic Materials 4.05.8;Impoundments 4.05.6, 4.05.9; Stream Buffer Zones 4.05.18: -The RPE pond cells were basically empty at the time of the inspection. The east pond cell was just cleaned. The west pond was not cleaned as it gets very little sediment because it is trapped in the east cell. The pond cleaning material was being hauled to the RPE,mixed with the dry gob and being hauled to the RPEE. West Elk was also working on placing a culvert in the ditch by the RPE Pond. This culvert will be permanent and will allow access to the area between the pond cells for cleaning and maintenance. The ponds are lined,incised ponds. The area around the ponds was well vegetated and stable and no erosional problems were noted. -Pond MB-3 contained water approximately four feet below the discharge pipe and was not discharging at the time of the inspection. The pond was recently cleaned and the pond cleaning material was transported to the RPE (where it,too,was mixed with the gob and transported to the RPEE). The pond is basically an incised pond. The area around the pond was well vegetated and stable and no erosional problems were noted. -Pond MB-5E will be cleaned. The south cell is basically dry prior to cleaning. The water from the south cell as well as all new inflow is being routed into the north cell,which is nearly full(at a level of approximately three feet below the emergency spillway). The pond is basically an incised pond. The pond inslopes were well vegetated and stable and no erosional problems were noted. -The freshwater pond FW-I contained water approximately 10 feet below the top. the pond embankment was well vegetated and stable and no erosional problems were noted at the time of the inspection. -West Elk has completed the replacement of the half culvert that lines lowest portion of the ditch from the RPEE to the RPE Pond. There is,however, some work that needs to be completed with regards to the fill material around/under this culvert. There is some undercutting and side cutting in the material which does not allow water Number of Partial Inspection this Fiscal Year: 3 Number of Complete Inspections this Fiscal Year: I Page 2 of 5