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02/03/2011 THU 14:13 FAX 17198450077 NOW Elk Coal <br />New Elk Mine <br />Indications of Potential Failure or Instablilty: <br />Surface and outslopes of the pile were inspected for visable signs of potential failure or <br />instability. None were observed. <br />Threat to Human Life or Property: <br />Failure could impact persons or equipment on or adjacent to the disposal area. <br />None observed. <br />Potential Harm to Land, Air, and Water Resources: <br />Failure could impact the Purgatoire River. <br />None observed. <br />Maintenance Required: <br />None required. <br />Supporting Documentation: (compaction tests, surveys, photographs, field measurements), <br />la004/017 <br />None required. Site Is In good condition with vegetation becoming well established. <br />inspector <br />ll / --7,Id - <br />Date <br />d <br />S e rs ng P.E. <br />Date <br />page 2 of 2