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October 14, 2011 C- 1981- 012/New Elk Mine JHB <br />PROCESSING WASTE /COAL MINE WASTE PILES —Rule 4.10 and 4.11 Drainage Control; Surface <br />Stabilization; Placement: <br />TK mining is preparing the RDA for additional material placement. A portable conveyor extension has <br />been set up to convey refuse material from the end of the fixed conveyor to areas further to the north. The RDA <br />has been graded to permit runoff to drain to the collection ditches. A ramp has been graded to provide access and <br />a working area for the portable conveyor. This ramp crosses the collection ditch on the east side of the RDA. A <br />culvert under this ramp is designed to allow collection ditch runoff to drain to the pond. Material had been pushed <br />over the west side of the culvert. During the inspection TK Mining mobilized a backhoe to clear the outlet (west <br />side) of the culvert. <br />The focus of this inspection was to observe the area being proposed for RDA expansion. The proposed area is the <br />drainage to the east of the existing RDA and is an undisturbed steep south facing drainage. A consultant, Mr. Jim <br />Nyenhuis, Soil Scientist, was on site collecting baseline topsoil data. He discussed his sampling plan and typical <br />section profile locations with the inspector. His sample locations and initial descriptions based upon topsoil <br />horizon designations were in agreement with Division requirements for topsoil baseline delineation. <br />The inspection continued by walking up the drainage of the undisturbed area. 4 seep locations were encountered. <br />The area is steep with a Pinyon /juniper /mountain mahogany /oakbrush community. <br />TOPSOIL — Rule 4.06 Removal 4.06.2; Substitute Materials 4.06.4(4); Storage and Protection 4.063; <br />Redistribution 4.06.4: <br />NECC had a soil contractor on site to define and describe soils in the area to the east of the RDA for <br />baseline data for future expansion of the RDA to the east. Jim Nyenhuis of Cedar Creek Associates was the Soil <br />Scientist collecting the baseline data. <br />Mr. Nyenhuis is manually collecting soil samples to 6 feet depth. One representative sample will be collected for <br />each site or soil type /association. Cedar Creek Assoc. will also collect baseline vegetation data for the proposed <br />RDA expansion area. The inspection proceeded to walk north along the drainage in the area east of the current <br />RDA. Several seeps were encountered within the drainage as the inspection progressed up in elevation. Cedar <br />Creek Assoc. finds that there are representative soil profiles along the access road to the RDA of the Soil series <br />encountered in the proposed RDA expansion area, limiting the need to dig soil pits. The Division agrees that if <br />there are existing profiles available for all the soil types /associations, new pits would not need to be excavated. <br />DOCUMENTS RECEIVED <br />OTHER (SPECIFY) <br />Number of Partial Inspection this Fiscal Year: 4 <br />Number of Complete Inspections this Fiscal Year: I <br />Page 3 of 6 <br />