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NEW ELK PREPARATION PLANT <br />ANNUAL REPORT AND CERTIFICATION <br />MSHA PONDS <br />REPORTING PERIOD: 2010 <br />INSPECTION DATE: 12/23/10 <br />MSHA MINE ID#: 05-04461 <br />IMPOUNDMENT ID: 1211-CO-09-00296-04 <br />1. Describe any changes in the geometry of the impounding structure. <br />NONE <br />2. Describe the location and type of installed instruments and the maximum and minimum readings of each <br />instrument. <br />PERIODIC DIFFERENTIAL LEVEL SURVEYS <br />3. Embankment Elevations: <br />Spillway Elevations <br />Water levels as Surveyed: <br />Calculated Depth <br />Toe: 7428 Crest: 7459 <br />Primary: 7451.75 Emergency: 7452.75 <br />Minimum: 7437 Maximum: 7442 Current: 7438 <br />Minimum: 2 Maximum: 7 Current: 3 <br />As required by 30 CFR 77.216-4(a) (3) the minimum, maximum and present depths of water and sediment <br />levels as determined by level surveys are: <br />Elevation Depth <br />Minimum: 7437 3 <br />Maximum: 7442 7 <br />Average 7441 4 <br />Current 7438 3 <br />4. The storage capacity for the impoundment is approximately: 16.75 Ac. Ft. <br />5. Current volume of impounded water: 4 Ac. Ft. <br />6. Describe any other change which may have affected the stability or operation of the <br />impounding structure that has occurred: <br />None <br />I certify that the impondment is being operated and maintained in accordance with the approved <br />Plan. To the best of my knowledge, this report is correct and complete. <br />a <br />ASHA Certified Impoundment Inspector <br />u L, r <br />pervizing <br />,a= c <br />ti frrtittt `