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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: Fourth Quarter 2008 <br />Inspection Date: 12/29/2008 <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 was idle througout the quarter. No activity occurred during the inspection. Location has been <br />lightly snow covered on north facing slopes since mid-December. <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. Winter conditions prevailed <br />throughout the area. <br />Observation of Fill Construction: (Description of material, compaction, lift thicknesses, slopes, <br />and construction methods). <br />Previously placed fill material has been regraded to promote managed drainage from the extensive <br />surface area (approximately 20 acres). Reworked material was placed in no greater than two foot <br />lifts and compacted with a D-8 dozer during placement. <br />Page 1 of 2