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02/03/2011 THU 14:16 FAX 17198450077 NOW Elk Coal <br />Spoil Fill #9 <br />March 10, 2010 <br />Page 2 <br />FILL PLACEMENT <br />CDMG regulations require that spoil be "placed in horizontal lilts in a controlled manner, concurrently <br />compacted as necessary to ensure mass stability,,. Maximum lift thicknesses are not specified. As indicated <br />by previous inspection reports, lifts were placed in accordance with plans specified by the CTL Thompson <br />report. Spoil material was transported to the fill area using a combination of trucks and dozers. Lift <br />thicknesses of up to 50 feet were placed within the area removed fi om the fill face by more than 50 feot. <br />Fill placement terminated by second quarter 2002. <br />No fill placement occurred during this quarter, nor is future placement anticipated. <br />COVER MATERIAL <br />As documented by previous inspection reports, cover placement, seeding and mulching was completed <br />during the second quarter 2002 and upper areas during the second quarter of 2004. During the second <br />quarter of 2005, areas disturbed by maintenance of the armored down-drains were hand seeded using <br />certified weed free straw and the approved rangeland seed mix. <br />STRUCURAL INTEGRITY <br />The entire excess spoil fill facility was examined for signs of failure and instability such as tension cracks, <br />ground movement, springs and seeps, and standing water. No indication of potential instability was <br />observed. <br />DOCUMENTATION AND OTHER OBSERVATIONS <br />Late winter conditions prevail with vegetation dormant, but providing good ground cover. Down drains <br />remain in good condition with rip-rap placement intact. No erosion problems were observed on the side- <br />slopes. The 2009-10 winter has been relatively dry with little snow acoumulatian. As a result sail on south <br />facing slopes has limited moisture content. <br />This inspection report was written on October 10, 2010 based on field notes from March 10, 2010. <br />CERTIFICATION <br />This inspection was conducted by Ronald G. Thompson, a qualified professional and MSHA certified <br />inspector of earth and rock-fill embankments and impoundments, under the direction of Mr. Charles <br />McGlothlin, a registered professional engineer licensed in the Stato of Colorado. <br />This is to certify, to the best of my knowledge and belief, that Fill No. 9 construction and placement, as <br />noted since the previous certification and as determined during this inspection and discussions with mine <br />personnel, is in accordance with designs as proposed by CTL Thompson in their report dated April 27 and <br />amended July 27, 2001 and as approved by the Division of Minerals and Geology, <br />h <br />Ronald G. Thompson C?/fa??d arias W. c o lin <br />Inspector Professional Engineerf <br />U013/017