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March 6, 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 =Not Applicable <br />NA - Air Resource Protection <br />R -Roads <br />R - Availability of Records <br />R - Reclamation Success <br />Y - Backfill & Grading <br />R - Revegetation <br />R - Excess Spoil and Dev. Waste <br />NA - Subsidence <br />NA - Explosives <br />R - Slides and Other Damage <br />R - Fish & Wildlife <br />NA - Support Facilities On -site <br />R - Hydrologic Balance <br />R - Signs and Markers <br />Y - Gen. Compliance With Mine Plan <br />NA - Support Facilities Not On -site <br />R -Other <br />N - Special Categories Of Mining <br />NA - Processing Waste Y -Topsoil <br />COMMENTS <br />This was a complete inspection conducted by Janet Binns of CDRMS. Christine Belka of the Office of Surface <br />Mining and Enforcement, Denver Field Division, accompanied the inspection as part of the Federal oversight <br />capacity. <br />The weather was dry, mild, and very windy. The Lorencito Canyon Mine is a reclaimed surface mine. Mining was <br />discontinued in 2002. Backfill, grading, topsoil replacement and seeding was completed from 2002 to 2007. <br />Limited seeding of gully repairs was conducted in 2008. No facilities remain on site. No mine personnel remain <br />on site. Mr. Bobby Steele, of New Elk Coal Company met the inspectors at the mine entrance sign located in <br />Lorencito Canyon, immediately south of Colorado Highway 12. <br />AVAILABILITY OF RECORDS — Rule 5.02.4(1): <br />Mine records are stored at the New Elk Coal Company office in Trinidad, in Ron Thompson's office. Records <br />were checked and records form accompanies this inspection. <br />The 3rd quarter fill report indicates that the inspection occurred on June 27, 2011. This is the same date as <br />reported on the second quarter 2011 Fill inspection report. The Division believes this is an error. Please verify the <br />date of the 3rd quarter fill inspection, correct the report, resubmit it to the Division and keep the corrected report <br />on file with the mine records. <br />Midterm No. 3 review was conducted May 7, 2010. the midterm findings document was not located in the <br />records. NECC has not provided responses to the MT3 concerns identified by the Division. A renewal application <br />is due from NECC in May 2012. The Division considers Renewal 3 approproiate to respond to the concerns <br />identified in the Division's MT3 review. A copy of the MT3 findings document needs to be maintained with the <br />mine records. <br />EXCESS SPOIL and DEVELOPMENT WASTE — Rule 4.09 Placement; Drainage Control; Surface <br />Number of Partial Inspection this Fiscal Year: 6 <br />Number of Complete Inspections this Fiscal Year: 3 <br />Page 2 of 10 <br />