2012-04-23_INSPECTION - C1981012

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Apri123, 2012 C- 1981- 012/New Elk Mine JHB to be removed now conditions had dried. HYDROLOGIC BALANCE -Rule 4.05 Drainage Control 4.05.1, 4.05.2, 4.05.3; Siltation Structures 4.05.5, 4.05.6; Discharge Structures 4.05.7, 4.05.10; Diversions 4.05.4; Effluent Limits 4.05.2, Surface Water Monitoring 4.05.13; Drainage — Acid and Toxic Materials 4.05.8; Impoundments 4.05.6, 4.05.9; Stream Buffer Zones 4.05.18: Pond 001 was discharging to the Purgatoire River. The effluent was clear. Shawn reported that he had measured the discharge as 4.5 on the engineers scale on April 20th. There is no scale affixed to the "V" -notch weir. The flow through the weir was estimated as —6.5 inches at the time of the inspection. NECC has not yet installed the flowmeter on the discharge outlet. The inspector measured pH and TDS of the effluent using an Extech, ExStik II pH /Conductivity /TDS meter. (016:25 pm, water temp =23 degrees C, pH= 8.5, TDS =523 mg /L This outfall is permitted under the CDPHE CDPS # CO- 0000906, outfall 001. These values are within acceptable outfall parameters. No water sample was collected at this location. Pond 001 was the only pond or sediment control structure discharging at the time of the inspection. Pond 4, Pond 6, Pond 7, and Pond 8 were not discharging nor was there evidence that any of these 4 ponds had discharged recently. None of the SAE containment structures were discharging or contained water levels anywhere near the discharge elevations. Containment area 95 has collected a fair amount of sediment off the RDA conveyor. Containment structure #5 should be cleaned out this summer. NECC continues to install the water line from the Purgatoire River. A pump was located on the river bank just west of the footbridge over the river. A small oil spot was observed under the SW corner of the pump that had seeped into the dirt. There was no evidence that this oil had seeped into the river as there was approximately 12 feet between the pump location and the river. Upon discovery of this small spill, NECC constructed a small berm between the pump and the river and committed to clean up and appropriate disposal of this affected soil. NECC also placed a spill kit barrel adjacent to the active working area. The Division finds this mitigation effort acceptable. During the March 5 inspection, an MSHA inspector had voiced concerns over differences in grass species on the outslope of Pond 8. The outslope was walked. No damp areas were noted. Differences in grass species found more Smooth brome on the east side of the bank. This side gets shaded from the conveyor. None of the grass species were species associated with wet or saturated soils. No unusual patterns of growth or spongy areas of the outslope were located. The Division did not identify any areas of concern on the outslope of Pond 8. GENERAL MINE PLAN COMPLANCE: The DWDA continues to be worked by NECC to assure that the pile conforms to the approved design. Permitting actions currently under review with the Division propose to allow for greater storage of this material. NECC is currently approved to construct a conveyor to the RDA conveyor to transport this development waste on to the RDA. NECC needs to assure that the DWDA pile meets the approved designs for height, slope angle and areal footprint. NECC continues to maintain the sediment control ditches. Number of Partial Inspection this Fiscal Year: 9 Number of Complete Inspections this Fiscal Year: 3 Page 4 of 16