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March 7, 2012 C- 1981- 012/New Elk Mine JHB <br />Pond 7 continues to hold water and was not discharging at the time of the inspection. Bobby stated that the <br />discharge valve was currently closed. Bobby reported that the only recent discharge from pond 7 occurred at the <br />time that NECC brought a portable filter to the pond and discharged filtered effluent that met the CDPS effluent <br />standards. NECC sampled this discharge in accordance with their NPDES permit. <br />Pond 4 was holding a small damp puddle of water. Willows have not re- sprouted in the emergency spillway yet. <br />The concrete outfall structure still needs attention due to meandering of the Purgatoire River undercutting the <br />concrete structure. <br />NECC is still looking to permit a sediment clean out drying location. Areas discussed have been focused along the <br />West Portal access road in the vicinity of catchment adjacent to the topsoil borrow area. NECC would construct <br />cells to contain the pond clean out sediment within the approved sediment control system. A revision needs to be <br />submitted to the Division and approved prior to placement of this material in the discussed location. <br />SAE located east of Pond 7 needs sediment cleaned away from the silt fence and the Silt fence reconnected to the <br />support stakes. Clean out of sediment from the silt fence needs to be a part of regular maintenance to occur, so <br />that the silt fence continues to function as designed. <br />PROCESSING WASTE /COAL MINE WASTE PILES — Rule 4.10 and 4.11 Drainage Control; Surface <br />Stabilization; Placement: <br />The Refuse Disposal Area (RDA) was being compacted at the time of the inspection. The compactor was tracking <br />on the southern portions of the pile to assure the pile meets compaction requirements prior to placement of <br />additional refuse material. The operator is only placing small volumes of refuse "cake" material currently on the <br />RDA. Once the slurry line is completed, the cake material will be in transported via slurry line for disposal in old <br />underground workings. <br />RDA culverts remain unimpeded and clear of sediment. Disturbance area boundary markers on the north side of <br />the RDA need to be placed in agreement with Map 11, sheet 3. <br />Exhibit 30 describes the design and construction of the RDA. Bobby had questions regarding construction of the <br />core drains when refuse material begins to be regularly placed on the RDA. NECC must consult with the <br />approved design, and comply with inspection frequency of the RDA as the RDA progresses. <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 />A backhoe was on the RDA access road at the time of the inspection. Investigation into the activities of the <br />backhoe found the hoe was shaping the out slope berms to bring them into compliance with MSHA regulations. <br />The work stayed clear of the RDA Access road culverts. Bobby cleared the outlets to culverts that work on the <br />berm had allowed dirt material to settle in front of the culvert outlet. DRMS considers the berm work as regular <br />maintenance. The operator is reminded that any work of this type needs to remain within the permitted <br />disturbance area. <br />Number of Partial Inspection this Fiscal Year: 8 <br />Number of Complete Inspections this Fiscal Year: 3 <br />Page 4 of 10 <br />