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November 28, 2011 C-1981-012/New Elk Mine DIH <br /> Inspection Topic Summary <br /> NOTE: Y=Inspected N=Not Inspected R=Comments Noted V=Violation Issued NA=Not Applicable <br /> N -Air Resource Protection R -Roads <br /> N -Availability of Records N -Reclamation Success <br /> N -Backfill&Grading N -Revegetation <br /> R -Excess Spoil and Dev. Waste N - Subsidence <br /> N -Explosives N - Slides and Other Damage <br /> N -Fish&Wildlife N - Support Facilities On-site <br /> R -Hydrologic Balance N - Signs and Markers <br /> N -Gen. Compliance With Mine Plan N - Support Facilities Not On-site <br /> N -Other N - Special Categories Of Mining <br /> N -Processing Waste N -Topsoil <br /> COMMENTS <br /> EXCESS SPOIL and DEVELOPMENT WASTE—Rule 4.09 <br /> Placement; Drainage Control; Surface Stabilization: <br /> During an on-the-ground inspection conducted by DBMS between 11/16/11 and 11/22/11, it appeared that the new <br /> underground development waste pile(the"DWDA")had been constructed steeper that approved. This aerial <br /> inspection determined that no portion of the pile had slipped into the Purgatoire River. <br /> New Underground Development Waste Pile <br /> Number of Partial Inspection this Fiscal Year: 5 <br /> Number of Complete Inspections this Fiscal Year: 2 <br /> Page 2 of 8 <br />