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/ ~ ~. <br />1 <br />New Elk Mine <br />QUARTERLY COAL WASTE BANK INSPECTION REPORT <br />CDMR Rules 4.09.1(11) and 4.10.2(2) <br />Mine: NEW ELK <br />Waste Bank MSHA ID. No.: Primary Refuse Disposal Area (RDA) <br />Inspection Period: Third Quarter 2006 <br />Inspection Date: 9/30/2006 <br />General Description or Reference to Site Plan: <br />The Refuse Disposal Area is located north of State Highway 12 and the Middle Fork of the <br />Purgatoire River. Refuse was transported from the preparation plant to the RDA by conveyor belt. <br />The plant has been idle since March of 1996 at which time the last refuse was placed on the <br />fill area. <br />Activity During Inspection: <br />Area has been idle throughout the quarter and no activity occurred during the inspection. Vegetation <br />on the reclaimed outslopes has responded well to the precipitaion received during the third quarter. <br />No erosion or flow over the face of these outslopes was observed. <br />Down drains were generally in good condition; Some shifting of rip-rap has occurred in the west <br />downdrain and should be address when equipment is available. <br />Drainage: (Discussion of springs. seeps, overland and channel flow, underdrain construction and/ <br />or discharge, integrity of 100-year 24-hour drainage structures, and evidence of positive drainage). <br />No springs or seeps were observed on the refuse side slopes. Positive drainage is established on <br />all areas. Vegetation is well established on previously reclaimed areas. <br />Observation of Fill Construction: (Description of material, compaction, lift thicknesses, slopes, <br />and construction methods). <br />No new fill was placed during the quarter. <br />Indications of Potential Failure or Instability: <br />None observed. Surtace and side slopes were inspected for slumps, tension cracks, and other <br />indications of potential failure. <br />Page 1 of 2 <br />