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NEW ELK PREPARATION PLANT <br />ANNUAL REPORT AND CERTIFICATION <br />MSHA PONDS <br />REPORTING PERIOD: 2009 <br />INSPECTION DATE: 12/28/09 <br />MSHA MINE ID#: 05-04461 <br />IMPOUNDMENT ID: 1211-CO-09-00296-04 <br />1. Describe any changes in the geometry of the impounding structure. <br />NONE <br />2. Describe the location and type of installed instruments and the maximum and minimum readings of each <br />instrument. <br />PERIODIC DIFFERENTIAL LEVEL SURVEYS <br />3. Embankment Elevations: Toe: 7428 Crest: 7459 <br />Spillway Elevations Primary: 7451.75 Emergency: 7452.75 <br />Water levels as Surveyed: Minimum: 7441 Maximum: 7451.75 Current: 7449 <br />Calculated Depth Minimum: 10 Maximum: 20 Current: 17 <br />As required by 30 CFR 77.216-4(a) (3) the minimum, maximum and present depths of water and sediment <br />levels as determined by level surveys are: <br />Elevation Depth <br />Minimum: 7435 0 Dry Pond was pumped dry starting in August. <br />Maximum: 7450 8 Before sediment cleanout <br />Average 7445 3 Before sediment cleanout <br />Current 7435 0 <br />4. The storage capacity for the impoundment is approximately: 16.75 Ac.Ft. <br />5. Current volume of impounded water: None Ac. Ft. <br />6. Describe any other change which may have affected the stability or operation of the <br />impounding structure that has occurred: <br />Pond has been dewatered and sediment accumulation removed. This has not empacted embankment <br />stability. _ <br />I certify that the impondment is being operated and maintained in accordance with the approved <br />Plan. To the best of my knowledge, this report is correct and complete. <br />SHA Certified Impoundment Inspector <br />Date: ! <br />f? <br />Su ervizing .E. <br />Date: 3115/1 -'