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August 12, 2010 C-1980-007/West Elk Mine TAK <br />Inspection Topic Summary <br />NOTE: Y=Inspected N=Not Inspected R=Comments Noted V=Violation Issued NA=Not Applicable <br />Y - 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 />Y - Fish & Wildlife N - Support Facilities On-site <br />R - Hydrologic Balance N - 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 R - Topsoil <br />COMMENTS <br />This was a partial inspection conducted by Tom Kaldenbach of DRMS. Ryan Sweetwood and Rozellyn Hall <br />represented the operator during the inspection. The ground was wet from rain that fell at the beginning of the <br />inspection. Construction crews were active on the Coal Processing Plant. <br />HYDROLOGIC BALANCE - Rule 4.050 ?Drainage Control 4.05.1, 4.05.2, 4.05.3; Siltation Structures <br />4.05.5, 4.05.6; Discharge Structures 4.05.7, 4.05.10; Diversions 4.05.4; Effluent Limits 4.05.2; Ground <br />Water Monitoring 4.05.13; Surface Water Monitoring 4.05.13; Drainage - Acid and Toxic Materials 4.05.8; <br />Impoundments 4.05.6, 4.05.9; Stream Buffer Zones 4.05.18: <br />Rain that fell early in the inspection created a small amount of runoff in ditches. All ditches inspected <br />were functioning properly, including the following ditches in the Sylvester Gulch facilities area: DCW-6A, <br />DCW-6B, DSG-2, DCW-6C, CCW-1B, DSG-1, DSLY-13, DSLY-14, DSLY-15, DSLY-16, DSLY-16A„ DSLY- <br />17, and DSLY-18. The ditches also appeared to be maintained to the design specifications shown in Table 44E of <br />the permit application. <br />Alternative sediment control measures (earthen berms, straw bales, straw waddles, etc.) were inspected on the <br />following Small Area Exemptions (SAEs): Jet Hole, Electric Borehole and Degas Borehole (near Shaft 3), <br />Dewatering Borehole Building, Sylvester Gulch Topsoil Stockpiles #1 and #3, Live Suboil Stockpile #2, the <br />Sylvester Gulch Fan, the Mine Water Tank, and the Raw Water Intake Gallery next to the North Fork of the <br />Gunnison River. No signs of excessive erosion were found at the SAEs inspected. Also, no signs of sediment <br />transport beyond the perimeters of the SAES were found. <br />The two-cell, plastic-lined RPE pond contained water in its upper cell at a level that was a few feet below the pipe <br />that extends to the lower cell. The liners in both cells appeared in good shape. The pond's embankments appeared <br />stable. The rock riprapped inlet channel also appeared in good condition. <br />Number of Partial Inspection this Fiscal Year, ending 6/30/2011: 1 <br />Number of Complete Inspections this Fiscal Year, ending 6/30/2011: 1 <br />Page 2 of 7