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December 22, 2011 C- 1981- 012/New Elk Mine JHB <br />Culvert C39 had been replaced with a new, clean 18 inch dia. steel pipe. A metal weld could been seen <br />approximately 1/2 way through the pipe. This pipe is continuous, and long enough. <br />Culvert C45 had been replaced with a new, clean 18 inch dia. steel pipe. This is a continuous section of pipe and <br />is long enough to extend on either side of the road berms. <br />Culvert CA has been replaced with an 18 inch steel pipe. This pipe is too short and the inlet was buried by road <br />grading. The cover over culvert CA appears less than the required foot of material. Bobby cleared the snow and <br />dirt from inlet of Culvert CA. This culvert will require replacement with appropriately sized pipe and be installed <br />with the required cover. <br />Cleaning or replacing of the 5 culverts on the RDA access road meets the requirements of NOV -CV -2011 -006 <br />Abatement step No. 4. <br />Small Area Exemptions (SAE): There is a SAE located south east of pond 7. A ditch had been added, along with <br />a sediment trap that had not been approved by the Division. NOV -CV -2011 -007 was issued on December 16, <br />2011 for failure to obtain final approval for surface coal mining operations prior to implementation. Removal of <br />this unapproved ditch and rock silt trap are Abatement Step No. 4 of this NOV. At the time of the inspection, <br />Abatement Step No. 4 had not been conducted. The abatement due date for Abatement step No. 4 is January 9, <br />2011. A silt fence has been installed at the east end of this SAE. The silt fence is not appropriately keyed into the <br />surface and is ineffective in its current configuration. Hay bales have been anchored into the clean water ditch <br />south of the SAE. These are not part of the approved design of this ditch. A sheet of corrugated metal was laying <br />over the southern berm of the SAE. Storage material needs to remain within the SAE. Material needs to be <br />moved back within the SAE perimeter. <br />GENERAL MINE PLAN COMPLANCE: <br />Three Notices of Violation (NOV) were issued on December 16, 2011, as a result of the Division's inspection <br />conducted on November 16, 2011. NOV -CV -2011 -006 was terminated as a result of successful abatement steps <br />noted during this inspection. <br />NOV -CV- 2011 -007 and NOV -CV- 2011 -008 remain active. <br />ROADS — Rule 4.03 Construction 4.03.1(3)/4.03.2(3) Drainage 4.03.1(4)/4.03.2(4) Surfacing and <br />Maintenance4.03.1(5) and (6)/4.03.2(5) and (6) Reclamation 4.03.1(7)/4.03.2(7): <br />Roads were snow covered and TK Mining was plowing roads with a grader during the inspection. Two <br />unapproved roads had been constructed at the RDA as noted during the November 16, 2011 inspection. These two <br />unapproved roads are the subject ofNOV -CV- 2011 -008. Abatement step No. 6 of NOV-CV-2011-008 is due by <br />January 9, 2012. <br />An unapproved road is located south of the approved West portal access road and leads to Slurry Holes Nos. 2 & <br />3. This road is also subject of NOV -CV -2011 -008. <br />Number of Partial Inspection this Fiscal Year: 6 <br />Number of Complete Inspections this Fiscal Year: 2 <br />Page 4 of 11 <br />