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May 23, 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 Applicable <br />Y -Air Resource Protection <br />R -Availability of Records <br />Y - Backfill & Grading <br />R - Excess Spoil and Dev. Waste <br />NA - Explosives <br />Y - Fish & Wildlife <br />R - Hydrologic Balance <br />Y - Gen. Compliance With Mine Plan <br />R - Other <br />NA - Processing Waste <br />R -Roads <br />R - Reclamation Success <br />R - Revegetation <br />NA - Subsidence <br />Y - Slides and Other Damage <br />NA - Support Facilities On -site <br />Y -Signs and Markers <br />NA - Support Facilities Not On -site <br />Y - Special Categories Of Mining <br />Y - Topsoil <br />COMMENTS <br />This was a complete inspection conducted by Janet Bums of CDRMS. Bobby Steele of New Elk Coal Company <br />met the inspector at the entrance from State highway 12, after the inspector stopped at the New Elk Coal Company <br />office in Trinidad. Mr. Steele provided access through the gate at the entrance to Lorencito Canyon. The gate <br />has been put in place by a third party, as such the Division does not have a key or the access code. <br />The weather was dry, windy and warm. The area had received rain the preceding weekend. <br />AVAILABILITY OF RECORDS — Rule 5.02.4(1): <br />The Mine records were checked in the NECC office in Trinidad the morning of May 24, 2012.Availablity of <br />records form accompanies this inspection report. <br />The Division sends inspection reports to the operator electronically. The following reports are not located in the <br />records notebook in Ron Thompson's office: 2/22/2012, 2/29/2012 and 4/25 2012. These inspection reports need <br />to be placed in the notebook. <br />No rill & gully survey conducted with 2011 ARR or 2010 ARR <br />Surveys for 2011 annual pond certifications have been received by NECC. NECC needs to prepare and submit the <br />annual pond certification report for 2011 to the Division. <br />EXCESS SPOIL and DEVELOPMENT WASTE — Rule 4.09 Placement; Drainage Control; Surface <br />Stabilization: <br />The three excess spoil fills; Fill 9, Fill 8 and Fill 7 all appear stable. Minor surficial rilling can be noted on the <br />outslopes of Fill 7 and 8. The rills are limited in extent, and do not appear to be actively downcutting based upon <br />Number of Partial Inspection this Fiscal Year: 8 <br />Number of Complete Inspections this Fiscal Year: 3 <br />Page 2 of 8 <br />