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July 12, 2010 C-1981-012/New Elk Mine KAH <br /> Inspection Topic Summary <br /> NOTE: Y=Inspected N=Not Inspected R=Comments Noted V=Violation Issued NA=Not Applicable <br /> N -Air Resource Protection N -Roads <br /> N -Availability of Records N -Reclamation Success <br /> N -Backfill&Grading N -Revegetation <br /> N -Excess Spoil and Dev.Waste N - Subsidence <br /> N -Explosives N - Slides and Other Damage <br /> N -Fish&Wildlife R - Support Facilities On-site <br /> R -Hydrologic Balance R - Signs and Markers <br /> N -Gen. Compliance With Mine Plan N -Support Facilities Not On-site <br /> N -Other N -Special Categories Of Mining <br /> R -Processing Waste N -Topsoil <br /> COMMENTS <br /> HYDROLOGIC BALANCE -Rule 4.05 <br /> ❑Drainage Control 4.05.1,4.05.2,4.05.3; Siltation Structures 4.05.5,4.05.6; Discharge Structures 4.05.7, <br /> 4.05.10; Diversions 4.05.4; Effluent Limits 4.05.2; Ground Water Monitoring 4.05.13; Surface Water Monitoring <br /> 4.05.13; Drainage—Acid and Toxic Materials 4.05.8;Impoundments 4.05.6, 4.05.9; Stream Buffer Zones 4.05.18: <br /> Pond 7 continues to hold a moderate amount of water. High total suspended solids have prevented the pond from <br /> being manually discharged through the gated outlet. DRMS recommends the operator review the emergency <br /> spillway sizing and design criteria at pond 7 prior to the next State inspection. <br /> Pond 001,the mine dewatering pond,was not discharging and pumping from the underground workings to the <br /> pond was not observed on either one of the of this two day inspection. The water level is approximately three feet <br /> below the discharge point. <br /> Pond 8 at the RDA remains dry. Pond 4 at the reclaimed development waste pile also remains dry. <br /> Sediment control ditches adjacent to the river were traversed on foot. The ditches show minimal signs of recent <br /> flow and were found in functional condition. Straw bales east of the coal silos were also intact and appeared <br /> functional,treating runoff from a small disturbed area outside of the pond 7 watershed. <br /> PROCESSING WASTE/COAL MINE WASTE PILES—Rule 4.10 and 4.11 <br /> ❑Drainage Control; Surface Stabilization; Placement: <br /> The RDA remains inactive at this time. Four levels of the RDA outslope have been reseeded so far over the life of <br /> the RDA. One area of concern is the top of the west downdrain,where a sump has been constructed at the top of <br /> the downdrain(shown below). While small sumps are allowed under Rule 4.05.5,the current size of the sump <br /> Number of Partial Inspection this Fiscal Year: 1 <br /> Number of Complete Inspections this Fiscal Year: 0 <br /> Page 2 of 4 <br />