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February 22, 2012 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 Applicable <br />Y - Air Resource Protection <br />R - Availability of Records <br />R - Backfill & Grading <br />R - Excess Spoil and Dev. Waste <br />NA - Explosives <br />Y - 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 />R - Revegetation <br />NA - Subsidence <br />R - Slides and Other Damage <br />NA - Support Facilities On -site <br />Y -Signs and Markers <br />NA - Support Facilities Not On -site <br />Y - Special Categories Of Mining <br />Y - Topsoil <br />COMMENTS <br />This was a partial inspection conducted by Janet Bums of CDRMS. Mr. Bobby Steele, of New Elk Coal <br />Company, LLC met the inspector at the turn off from State Highway 12, and accompanied the inspection. An <br />access gate in Lorencito Canyon was locked. This gate is controlled by oil and gas parties that have provided the <br />combination to NECC. <br />The mine is a reclaimed surface mine with no facilities or personnel remaining on site. The weather was dry and <br />unseasonable warm, —70 degrees F. <br />AVAILABILITY OF RECORDS — Rule 5.02.4(1): <br />Quarterly pond and fill inspection reports for the Lorencito mine were verified. NECC had conducted all required <br />quarterly sediment pond inspections for 2011: <br />1st quarter pond inspection was conducted on March 10, 2011. <br />2nd quarter pond inspection was conducted on June 27, 2011. <br />3rd quarter pond inspection was conducted on September 30, 2011. <br />4th quarter pond inspection was conducted on December 29, 2011. <br />Inspection reports were on file at the mine office in Trinidad. <br />Quarterly Excess Spoil Fill reports were on file and verified for 2011. <br />1st quarter fill inspection was conducted on March 10, 2011. <br />2nd quarter fill inspection was conducted on June 27, 2011. <br />3rd quarter fill inspection incorrectly noted that the inspection was conducted on June 27, 2011. Ron Thompson <br />believes that he conducted the inspection during the third quarter. He is investigating the actual date he conducted <br />the 3rd quarter fill inspections, and will correct the report acordingly. <br />4th quarter fill inspection was conducted on December 29, 2011. <br />BACKFILL and GRADING — Rule 4.14 Contemporaneous Reclamation 4.14.1; Approximate Original <br />Contour 4.14.2; Highwall Elimination 4.14.1(2)(f); Steep Slopes 4.14.2, 4.27; Handling of Acid and Toxic <br />Number of Partial Inspection this Fiscal Year: 5 <br />Number of Complete Inspections this Fiscal Year: 2 <br />Page 2 of 8 <br />