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PERMIT #: M- 2004 -009 <br />INSPECTOR'S INITIALS: ECS <br />INSPECTION DATE: April 17, 2012 <br />DRMS believes that these activities constitute possible violations of the approved mining and <br />reclamation plans, and will require a permit amendment to be submitted to the Division for approval. <br />The purpose of the permit amendment will be to revise the post mining land use to accommodate the <br />wastewater treatment plant and to revise the mining and reclamation plans to reflect the current and <br />planned configuration of the site. The financial warranty will also need to be adjusted to include the <br />removal or disposal on -site of the excess shale material that has been stockpiled on -site to date. The <br />operator will also need to detail how the shale stockpiles will be stabilized to prevent any further <br />windblown erosion issues in the future. <br />These possible violations will also be presented to the Mined Land Reclamation Board for possible <br />enforcement action as detailed in the included RTB Letter. <br />PHOTOGRAPHS <br />Figure 1— Photo of large shale stockpile from material <br />excavated from on -site reservoir. Operator estimate is that <br />approximately 400,000 cubic yards of shale have been <br />stockpiled on site. No topsoil was salvaged prior to <br />placement of this material. <br />Figure 2 — Photo of another shale stockpile from material <br />excavated from on -site reservoir. Excess shale material has <br />been stockpiled near the middle of the permit area. <br />Figure 3 — Photo of wastewater treatment facility under <br />construction within permit area. This facility is not part of <br />the currently approved reclamation plan. Associated <br />reservoir is the source of the excess shale material in <br />previous photos. <br />Figure 4 — Another photo of wastewater treatment facility <br />under construction within permit area. <br />Page 3 of 4 <br />