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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />November 1, 2011 <br />Ron Thompson <br />New Elk Coal Company, LLC <br />122 W. First Street <br />Trinidad, CO 81082 <br />RE: New Elk Mine, Permit C- 1981 -012 <br />2011 Second Quarter Waste Bank Inspections Report <br />Dear Mr. Thompson <br />The Division has completed its review of the above referenced report received on 18 October 2011. The Division finds <br />the 2011 Second Quarter Waste Bank Inspections Report is in compliance of the following Rules: <br />Rule 4.09.1(11)(a) – The fill was inspected for stability by a registered engineer or other qualified professional specialist. <br />Rule 4.09.1(11)(b) – A qualified registered engineer provided a certified report after inspection of fill with description of <br />any appearances of instability, structural weakness, and other hazardous conditions. <br />Rule 4.09.1(11)(c) – A certified report addressing drainage systems was provided. <br />Rule 4.10.2(2)(a) – Inspection occurred quarterly. <br />Rule 4.10.2(2)(b) – Inspection included observations and tests. <br />Rule 4.10.2(2)(c) – Engineer or other approved inspector considered steepness of slopes, seepage, and other visible <br />factors in inspection. <br />Rule 4.10.2(2)(d) – No potential hazards were noted. , <br />It appears that the compaction test results for New Development Waste Disposal Area, DWP #2, were not attached as <br />noted. Please re- submit the test results within thirty (30) days. • <br />As a reminder, within two weeks after each inspection is the approved time of submission of the Quarterly Waste Bank <br />Inspections Report based on Rule 4.09.1(11)(b). <br />If you have any questions, feel free to contact me. <br />Sincerely, <br />Zach Trujillo <br />Environmental Protection Specialist Intern <br />Mined Land Reclamation <br />STATE OF COLORADO <br />COLORADO <br />D I V I S I O N O F <br />RECLAMATION <br />MINING <br />—&— <br />SAFETY <br />John W. Hickenlooper <br />Governor <br />Mike King <br />Executive Director <br />Loretta E. Pineda <br />Director <br />Office of Office of <br />Denver • Grand Junction • Durango Active and Inactive Mines <br />