2012-09-11_REPORT - C1981012

• Permit No: C1981012
• IBM Index Class Name: Report
• Doc Date: 9/11/2012
• Doc Name: 4th Quarter 2011 Wastebank Inspection Report Review
• From: DRMS
• To: Ron Thompson
• Permit Index Doc Type: Waste Pile/Fill Report
• Email Name: JHB
• Email Name: DIH
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215 C O L O R A D OQ I V I S 1 0 N O F
Denver, Colorado 80203 RECLAMATION
Phone: [phone] MINING
FAX: [phone] —&—
SAFETY
September 11, 2012
John W. Hickenlooper
Re: New Elk Coal Mine, C1981012, Fourth Quarter 2011 Waste Bank Inspection Report Review
Dear Mr. Thompson:
New Elk Coal Company submitted Fourth Quarter 2011 Quarterly Waste Bank Inspection Report to the
Division on July 30, 2012. Three disposal areas were inspected by New Elk Coal Company, LLC and
included in their report, the Development Waste Disposal Area (DWDA) south of State Highway 12 and
west of the main facility Access Road, the Development Waste Disposal Area 92 located south of State
Highway 12 and east of the main facility Access Road, and the Refuse Disposal Area (RDA) located
north of State Highway 12 and the Middle Fork of the Purgatoire River. Construction has been completed
on the DWDA as well as reclamation of the surface.
The Division's review of New Elk's Fourth Quarter Waste Bank Inspection Reports for the year 2011,
The Division finds the report in compliance with the following rules:
1. 4.09. 1 (1 1)(a) — The fills were inspected quarterly for stability by a registered engineer during the (4)
placement and compaction of fill materials and (5) revegetation period.
2. 4.09. 1 (1 1)(c) — Rule 4.09(11)(c) is no longer applicable during this stage of construction.
3. 4.10.2(2)(a) — The fills were inspected by a registered engineer experienced in construction of
similar earth and waste structures.
4. 4.10.2(2)(b) — The inspections included the necessary test to evaluate potential hazards to human life
and property. None were observed.
5. 4.10.2(2)(c) — Steepness of slopes, seepage and other visible factors which could indicate potential
failure were considered within the inspections. No signs of instability, erosion or seeps were
observed.
The Division's review of review of New Elk's Fourth Quarter Waste Bank Inspection Reports for the year
2011, finds the report not in compliance with the following rules:
4.09.1(11)(b) —New Elk Mine's DWDA and RDA were inspected on December 29, 2011 and
received by the Division on July 30, 2012. A qualified registered engineer should provide to the
Division a certified report within two weeks after the inspection that the waste banks are being
constructed as specified in the design approved by the Division.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines
Governor
Mr. Ron Thompson
Mine Manager
Mike King
New Elk Coal Company
Executive Director
122 W First Street
Loretta E. Pineda
Trinidad, CO 81082
Director
Re: New Elk Coal Mine, C1981012, Fourth Quarter 2011 Waste Bank Inspection Report Review
Dear Mr. Thompson:
New Elk Coal Company submitted Fourth Quarter 2011 Quarterly Waste Bank Inspection Report to the
Division on July 30, 2012. Three disposal areas were inspected by New Elk Coal Company, LLC and
included in their report, the Development Waste Disposal Area (DWDA) south of State Highway 12 and
west of the main facility Access Road, the Development Waste Disposal Area 92 located south of State
Highway 12 and east of the main facility Access Road, and the Refuse Disposal Area (RDA) located
north of State Highway 12 and the Middle Fork of the Purgatoire River. Construction has been completed
on the DWDA as well as reclamation of the surface.
The Division's review of New Elk's Fourth Quarter Waste Bank Inspection Reports for the year 2011,
The Division finds the report in compliance with the following rules:
1. 4.09. 1 (1 1)(a) — The fills were inspected quarterly for stability by a registered engineer during the (4)
placement and compaction of fill materials and (5) revegetation period.
2. 4.09. 1 (1 1)(c) — Rule 4.09(11)(c) is no longer applicable during this stage of construction.
3. 4.10.2(2)(a) — The fills were inspected by a registered engineer experienced in construction of
similar earth and waste structures.
4. 4.10.2(2)(b) — The inspections included the necessary test to evaluate potential hazards to human life
and property. None were observed.
5. 4.10.2(2)(c) — Steepness of slopes, seepage and other visible factors which could indicate potential
failure were considered within the inspections. No signs of instability, erosion or seeps were
observed.
The Division's review of review of New Elk's Fourth Quarter Waste Bank Inspection Reports for the year
2011, finds the report not in compliance with the following rules:
4.09.1(11)(b) —New Elk Mine's DWDA and RDA were inspected on December 29, 2011 and
received by the Division on July 30, 2012. A qualified registered engineer should provide to the
Division a certified report within two weeks after the inspection that the waste banks are being
constructed as specified in the design approved by the Division.
Office of Office of
Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines