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December 21, 2011 C- 1996- 084 /Lorencito Canyon Mine JHB <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 <br />R -Availability of Records <br />NA - Backfill & Grading <br />R - Excess Spoil and Dev. Waste <br />NA - Explosives <br />R - Fish & Wildlife <br />R - Hydrologic Balance <br />Y - Gen. Compliance With Mine Plan <br />R - Other <br />NA - Processing Waste <br />R -Roads <br />Y - Reclamation Success <br />Y - Revegetation <br />NA - Subsidence <br />Y - Slides and Other Damage <br />NA - Support Facilities On -site <br />R -Signs and Markers <br />NA - Support Facilities Not On -site <br />NA - Special Categories Of Mining <br />NA - Topsoil <br />COMMENTS <br />AVAILABILITY OF RECORDS — Rule 5.02.4(1): <br />Mine records are maintained in the New Elk Coal Company office in Trinidad, Colorado. Records were <br />checked. Two items not found were 2009 Annual Reclamation Report, and Third Quarter 2011 Excess spoil fill <br />report. These records need to be maintained and up to date in the public file. <br />EXCESS SPOIL and DEVELOPMENT WASTE — Rule 4.09 Placement; Drainage Control; Surface <br />Stabilization: <br />Three excess spoil fills have been approved and constructed on the mine site; Fill 9, Fill 8, and Fill 7. All <br />three fills were snow covered. The snow cover added relief to the slopes. Some areas of minor rilling were noted <br />on the west side of Fill 7 and east of the east ditch on Fill 8. None of these features appeared to be downcutting <br />significantly, however, these locations will require observations without snowcover. No problems or stability <br />concerns were noted on any of the 3 fills. Vegetation was observed protruding through the snow cover on all 3 <br />fills. <br />FISH and WILDLIFE — Rule 4.18: <br />Numerous elk and deer tracks were observed throughout the mine site. A herd of approximately 10 mule <br />deer were observed crossing the permit area on the northwest side of the permit. <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 06, 07 08, 09 and 09A were observed. All ponds were snow covered with no frozen pools of water. <br />Discharge structures were clear of debris, or vegetation that would impede discharge flow. No problems were <br />indentified on any of the embankments. Pond 5 was inaccessible due to snow cover and slick condititions. <br />Number of Partial Inspection this Fiscal Year: 3 <br />Number of Complete Inspections this Fiscal Year: 2 <br />Page 2 of 7 <br />