2012-05-02_INSPECTION - C1981012 (2)

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May 1, 2012 C-1981- 012/New Elk Mine RDZ Inspection Topic Summary NOTE: Y= Inspected N =Not Inspected R= Comments Noted V= Violation Issued NA =Not Applicable Y - Air Resource Protection N - Availability of Records N - Backfill & Grading R - Excess Spoil and Dev. Waste NA - Explosives N - Fish & Wildlife R - Hydrologic Balance N - Gen. Compliance With Mine Plan R -Other N - Processing Waste R - Roads R - Reclamation Success N - Revegetation N - Subsidence N - Slides and Other Damage R - Support Facilities On -site N - Signs and Markers N - Support Facilities Not On -site NA - Special Categories Of Mining R -Topsoil COMMENTS The purpose of this partial inspection was to assess the on -the- ground conditions at New Elk in the context of the permittee's TR -64 and TR -65 applications. TR -64 proposes a new airshaft (Bates Shaft) and sediment containment area east of the main facilities area. TR -65 proposes a new Development Waste Disposal Area (proposed DWDA) near the West Fan as well as changes to roads, drainage infrastructure, soil piles, and other features in the vicinity of the proposed DWDA. Inspection participants included: Dan Hernandez, Zach Trujillo, and Rob Zuber of DRMS Bobby Steele, Al Weaver, and Shawn Arehart of New Elk Coal Company (NECC). The ground was entirely free of snow. The weather was cloudy and breezy, and the temperature was warm. No precipitation was experienced. EXCESS SPOIL and DEVELOPMENT WASTE — Rule 4.09: The site where the proposed DWDA would be constructed was inspected. MSHA will need to be consulted to assess the need to remove the old access tunnel for the Allen Mine. There was no sign of seeps or springs or other signs of groundwater rising to a level near the surface in the recent past. HYDROLOGIC BALANCE - Rule 4.05: At the site where the new DWDA is proposed, the area where proposed ditch D49 would drain onto the adjoining property (owned by Division of Parks and Wildlife) was inspected. The final reach above the outfall of this ditch (at the permit boundary) includes two very steep slopes, and some alternative options for controlling runoff at these locations were discussed: grouted rip rap, a slope drain with full pipe, and a slope drain with a half pipe. The proposed method is shotcrete. The method of controlling runoff once it flows onto the Parks and Wildlife property was also discussed, and inclusion of this agency in future decisions will be necessary. The flow can go east or west, and there are culverts on both sides to allow drainage to the Purgatoire River. The culvert to the west of the Number of Partial Inspection this Fiscal Year: 10 Number of Complete Inspections this Fiscal Year: 3 Page 2 of 8