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MINING. LLC <br /> <br />FOURTH QUARTER 2005 POND INSPECTION REPORT <br />Miscellaneous Comments: <br />Pond Inspection Date: December 28, 2005 <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. Sumps in front of straw bales were cleaned, straw waddles installed, etc. <br />2. Outfall 011 - Outfal] 011 formerly served as a mine water pond for the Sanborn Creek Mine. The <br />pond does not collect surface drainage. With closure of the Sanborn Creek Mine, the incised pond <br />associated with Outfall 011 serves no further hydrologic function. The pond currently provides an <br />ongoing location to place ditch cleaning materials from adjacent ditches. Outfa11011 has been removed <br />from CDPS Dischazge Permit CO-0000132 <br />3. Pond B - Outfa11012 -Approximately, 640 CY of sediment removed by November 16, 2005. Due <br />to wet conditions, cleanings were placed in East Yazd Pond for later drying and eventual rehandle to coal <br />mine refuse pile. West pond bank and NW inlet areas were disturbed for cleaning but subsequently <br />regraded, scarified and seeded upon project completion. <br />4. East yazd Pond - Outfa11010 -Received dredged pond materials from Pond B. Primary outlet is <br />covered with material. Inlet sump is provided for minor inflow from East Yazd. Pond cleanings will be <br />rehandled to coal mine refuse pile in 2006. <br />5. 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 stmcture. 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 />Notwithstanding comments above, ponds have been maintained as designed and in accordance with the <br />approved plan. <br />Inspected By: <br />~~it <br />James A. Kiger <br />Under Direction of: <br />Benjamin L. Godwin <br />Colorado Registered <br />~Oe.~ / vJ}~<_ <br />AL <br />3737 Hwy 133 P.O. Box 535 Somerset, Colorado 81434 USA <br />TEL (970) 929-5122 FAX (970) 929-5177 <br />