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02/03/2011 THU 14:14 FAX 17198450077 NOW Elk Coal <br />New Elk Mine <br />QUARTERLY COAL WASTE BANK INSPECTION REPORT <br />CDMR Rules 4.09.1(11) and 4. 10.2(2) <br />Mine: NEW ELK <br />Waste Bank MSHA ID, No,: Primary Refuse Disposal Area (RDA) <br />Inspection Period: Third Quarter 2010 <br />Inspection Date: 8/15/2010 <br />General DescrIpHon or Reference to Site Plan: <br />The Refuse Disposal Area is located north of State Highway 12 and the Middle Fork of the <br />Purgatolre River. Refuse was transported from the preparation plant to the RDA by conveyor belt. <br />The plant has been idle since March of 1996 at which time the last refuse was placed on the <br />fill area. <br />Activity During Inspection; <br />Operator has begun preparation for reopening the mine and has repaired athe belt system to the RDA. <br />Approximately 1500 LCY of refuse recovered from clearing the East Portal slopes of roof fall material <br />has been transported via conveyor to the RDA and haul for disposal to the center of the active surface <br />approximate 200 feet back from the front face where it will be spread and compacted. <br />Vegetation on the reclaimed outslopes is well established but has been held back by limited <br />precipitation received this year. No erosion or evidence of flow over the face of these outslopes was <br />observed. Down drains were generally in good condition; Operator has repositioned rip-rap on east <br />downdralns to Improve peak flow mainagement and minimize flow outside of the rip-rapped channels, <br />to the east and west down drains re-established. This will prevent flows unto the reclaimed slope. <br />Drainage: (Discussion of springs. seeps, overland and channel flow, underdrain construction and/ <br />or discharge, integrity of 100-year 24-hour drainage structures, and evidence of positive drainage). <br />No springs or seeps were observed on the refuse side slopes. Positive drainage Is established on <br />all areas. Vegetation is well established on previously reclaimed areas. <br />Observation of Fill Construction: (Description of material, compaction, lift thicknesses, slopes, <br />and construction methods). <br />No new fill was placed during the quarter. <br />Indications of Potential Failure or Instability: <br />2007/017 <br />Page 1 of 2