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July 26,2011 C-1981-0121New Elk Mine JDM <br /> Inspection Topic Summary <br /> NOTE: Y=Inspected N=Not Inspected R=Comments Noted V=Violation Issued NA=Not Applicable <br /> R -Air Resource Protection R -Roads <br /> R -Availability of Records Y -Reclamation Success <br /> NA -Backfill&Grading Y -Revegetation <br /> R -Excess Spoil and Dev.Waste Y -Subsidence <br /> NA -Explosives Y -Slides and Other Damage <br /> Y -Fish&Wildlife R - Support Facilities On-site <br /> R -Hydrologic Balance R -Signs and Markers <br /> V -Gen.Compliance With Mine Plan R -Support Facilities Not On-site <br /> R -Other NA -Special Categories Of Mining <br /> R -Processing Waste Y -Topsoil <br /> COMMENTS <br /> AIR RESOURCE PROTECTION—Rule 4.17: <br /> No major fugitive dust issues were observed during the inspection. Water trucks were applying dust suppression <br /> during the entire inspection. No dust was observed in or around the RDA or along the length of the conveyor. No <br /> problems were noted. <br /> AVAILABILITY OF RECORDS—Rule 5.02.4(l): <br /> All records were located at the New Elk Coal Company offices located at 122 West First Street,Trinidad, CO. <br /> See the DRMS Availability of Records attached. The following records were not on file or require updating: <br /> -The Rill and Gully survey was last conducted in 2009,an updated Rill and Gully survey is required. <br /> -The 2008 ARR is the most recent ARR on file. The 2009 and 2010 ARR's are not on file. <br /> -The 2008 AHR is the most recent AHR on file. The 2009 and 2010 AHR's are not on file. <br /> EXCESS SPOIL and DEVELOPMENT WASTE—Rule 4.09Placement;Drainage Control; Surface Stabilization: <br /> The development waste pile(DWP)is currently a reclaimed pile located west of the mine entrance.The DWP is <br /> stable and well vegetated. A minimal amount of erosion was identified on the northeast slope that should be <br /> monitored to ensure that the erosion does not increase. <br /> The development waste disposal area(DWDA)is currently operational and located east of the mine entrance and <br /> north of the Purgatoire River. The mine is currently producing significant quantities of development waste as the <br /> workings are being established. The DWDA is stable and no problems noted with the exception of the following: <br /> -The western edge of the DWDA is approximately 25 feet from the eastern edge of the active topsoil pile. This <br /> area will require monitoring to ensure that the topsoil pile is not contaminated with development. <br /> HYDROLOGIC BALANCE -Rule 4.05Drainage 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 001A,008A,006A,007A,and 004A were observed during this inspection. Pond 001A is a lined pond that <br /> Number of Partial Inspection this Fiscal Year: 0 <br /> Number of Complete Inspections this Fiscal Year: 1 <br /> Page 2 of 11 <br />