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September 18, 2012 C-1981-012/New Elk Mine JHB <br /> Inspection Topic Summary <br /> NOTE: Y=Inspected N=Not Inspected R=Comments Noted V=Violation Issued NA=Not Applicable <br /> Y -Air Resource Protection R -Roads <br /> R -Availability of Records Y -Reclamation Success <br /> Y -Backfill &Grading Y -Revegetation <br /> R -Excess Spoil and Dev.Waste Y - Subsidence <br /> Y -Explosives Y - Slides and Other Damage <br /> R -Fish&Wildlife R - Support Facilities On-site <br /> R -Hydrologic Balance R - Signs and Markers <br /> R -Gen. Compliance With Mine Plan R - Support Facilities Not On-site <br /> NA -Other NA - Special Categories Of Mining <br /> R -Processing Waste R -Topsoil <br /> COMMENTS <br /> This was a complete inspection conducted by Janet Binns of CDRMS. The inspection was accompanied by Dan <br /> Hernandez and Leigh Simmons of DRMS, as well. Ron Thompson and Bobby Steele of New Elk Coal Company <br /> represented the operator and accompanied the inspection throughout the 3 days. Weather began as overcast. The <br /> mine remains in idle and is in Temporary cessation. No coal is currently being mined. NECC retains a small staff of <br /> 23 individuals on site. NECC expects the New Elk mine will remain idle through the end of 2012,pending market <br /> conditions. NECC is shipping stockpiled coal by trucks. Ron estimated 6 truckloads per day were being shipped. <br /> 03"rainfall was recorded during the night of 9/17. Mine personnel also stated that a large storm event hasd occured <br /> on 9/14/2012. <br /> AVAILABILITY OF RECORDS—Rule 5.02.4(1): <br /> The mine records are stored in Ron Thompson's office in the main operations building. Ron brought the remaining <br /> records from the Trinidad office and placed them outside his office at the start of the inspection on 9/18. <br /> Need updated liability insurance certificate. Still need 2011 impoundment certifications. Haul road certification for <br /> RDA Haul Road is needed. <br /> EXCESS SPOIL and DEVELOPMENT WASTE—Rule 4.09 <br /> Placement; Drainage Control; Surface Stabilization: <br /> The south slope of DWA41 exhibits some rilling on the face of the pile. Sediment is filling Ditch D4. Ditch D4 <br /> continues to function and has not breached. Clean out of sediment and stabilization of the rilled slope is needed. <br /> DWDA42 remains graded but NECC has not initiated covering the pile with cover or topsoil. The eastern extent of <br /> DWDA42 has been re-disturbed. NECC retains the option of placing this material on the RDA. Ditch D 12 has been <br /> re-established. Ditch D 14 is shaped and in compliance with the design. A pool of water is held in the sump at the <br /> inlet end of Culvert C13. <br /> Number of Partial Inspection this Fiscal Year: 2 <br /> Number of Complete Inspections this Fiscal Year: 1 <br /> Page 2 of 11 <br />