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Inspection Topic Summary <br />NOTE: Y= Inspected N =Not Inspected R= Comments Noted V= Violation Issued NA =Not Applicable <br />Y - Air Resource Protection <br />R - Roads <br />R - Availability of Records <br />Y - Reclamation Success <br />NA - Backfill & Grading <br />R - Revegetation <br />R - Excess Spoil and Dev. Waste <br />NA - Subsidence <br />NA - Explosives <br />R - Slides and Other Damage <br />Y - Fish & Wildlife <br />NA - Support Facilities On -site <br />R - Hydrologic Balance <br />Y - Signs and Markers <br />Y - Gen. Compliance With Mine Plan <br />NA - Support Facilities Not On -site <br />N - Other <br />NA - Special Categories Of Mining <br />NA - Processing Waste <br />NA - Topsoil <br />July 27, 2011 <br />AVAILABILITY OF RECORDS — Rule 5.02.4(1): <br />All records were located at the New Elk Coal Company office at 122 West First Street, Trinidad, CO. See the <br />DRMS Availability of Records attached. The following records were not on file: <br />- The 2008 ARR is on file. The 2009 and 2010 ARR's are not on file. <br />- The Rill and Gully survey requires updates. <br />EXCESS SPOIL and DEVELOPMENT WASTE — Rule 4.09 Placement; Drainage Control; Surface Stabilization: <br />Excess spoil fill No. 8, No. 9, and No, 7 were observed during the inspection. All fills were stable with adequate <br />vegetative cover to prevent erosion. No major rills, gullies or stability problems were observed on the fills during <br />the inspection. <br />HYDROLOGIC BALANCE - Rule 4.05 Drainage Control 4.05.1, 4.05.2, 4.05.3; Siltation Structures 4.05.5, <br />4.05.6; Discharge Structures 4.05.7, 4.05.10; Diversions 4.05.4; Effluent Limits 4.05.2; Ground Water <br />Monitoring 4.05.13; Surface Water Monitoring 4.05.13; Drainage — Acid and Toxic Materials 4.05.8; <br />Impoundments 4.05.6, 4.05.9; Stream Buffer Zones 4.05.18: <br />Ponds 009, 009A, 008, 005, 006 and 007 were inspected. All ponds were dry at the time of the inspection. All <br />primary and emergency spillways were m good condition with no problems noted. All embankments were stable <br />and well vegetated with no evidence of instability at the time of the inspection. Sediment markers were in place at <br />all ponds. No problems were noted with the exception of the following: <br />- An uninstalled sediment marker was placed on the embankment Pond 007. The marker will need to be <br />removed to ensure no non -coal waste is on the embankment. <br />All fill down drains were stable with no major maintenance issues noted with the exception of the following: <br />- Repair work is required at the down drain off of the first bench of Fill 008 to prevent down cutting and the <br />loss of rock rip rap. <br />- A small gully is beginning to the north of the down drain on the first bench of Fill 008 that requires <br />maintenance. This gully erosion will require repair to ensure further erosion and instability is prevented. <br />Number of Partial Inspection this Fiscal Year: 0 <br />Number of Complete Inspections this Fiscal Year: 1 <br />C -1996- 084 /Lorencito Canyon Mine <br />COMMENTS <br />Page 2 of 6 <br />JDM <br />