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August 17, 2010 X-2009-231-00/Sage Creek Mine KAG <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 - Backfill & Grading N - Reclamation Success <br />R - Fish & Wildlife N - Revegetation <br />R - Hydrologic Balance N - Slides and Other Damage <br />N - Gen. Compliance With Mine Plan N - Signs and Markers <br />N - Other R - Topsoil <br />COMMENTS <br />This was a partial coal exploration inspection conducted by Kent Gorham and Jim Stark of the Colorado <br />Division of Reclamation, Mining, and Safety. Notice of Intent X-2009-231-00 was initially issued on <br />February 13, 2009 with an expiration date of December 13, 2009. On August 16, 2010, the Division <br />extended the expiration date for completion of all activities as approved to December 31, 2010 based on an <br />electronic request received from Peabody Energy. Mark Whitney, consulting geologist, Wyoming P.G. <br />#3533, was present and represented the operator during the inspection. The drill rig was actively coring <br />coal seams on site CCU-048 in the location as approved in Federal, licensed coal. The location is <br />generally described as a gently sloping pasture/CRP area seeded with native and introduced grasses, <br />some 400 feet east of a small intermittent drainage at an elevation of about 6700 feet AMSL. Ground <br />conditions were dry following a light rain the evening before. No evidence of rutting or damage by vehicle <br />travel was noted. A road was not constructed to the site. All equipment and personnel access the site <br />driving overland from an existing two track road which originates from paved Routt County Road #27. <br />Hydrologic Balance <br />Mr. Whitney indicated that they were in the process of coring and a core was removed for analysis during <br />the inspection. He indicated that the hole had reached total depth and artesian flow was encountered, at <br />approximately two-three gallons per minute of flow at the surface. Three mud pits were observed north of <br />the rig, with the third pit basically dry, serving only as an overflow pit to handle artesian flow occur during <br />overnight periods or short periods of inactivity. Straw wattles on the down-gradient side of the disturbance <br />were noted. <br />Fish and Wildlife <br />Site CCU-048 is outside of a 1/2 mile buffer around two identified sharptail grouse leks located west of the <br />site. The location is also far removed from any aspen stand. <br />Topsoil <br />Topsoil is stockpiled on the northwest portion of the disturbance. A separate pile of subsoil material <br />removed from the mud pits was also noted adjacent to the pits. <br />Number of Partial Inspection this Fiscal Year: 0 <br />Number of Complete Inspections this Fiscal Year: 0 <br />Page 2 of 4