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DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866 -3567 <br />FAX: (303) 832 -8106 <br />STATE OF COLORADO <br />COLORADO <br />D I V I S 16 N OF <br />RECLAMATION <br />MINING <br />SAFETY <br />December 3, 2012 <br />John W. Hickenlooper <br />Governor <br />Ron Thompson <br />Mike King <br />Executive Director <br />New Elk Coal Company, LLC <br />12250 Highway 12, <br />Loretta E. Pineda <br />Director <br />Weston, CO 81091 <br />Re: New Elk Mine (Permit No. C- 1981 -012) <br />2012, Q2 & Q3, Quarterly Waste Bank Certifications <br />Dear Mr. Thompson, <br />The Division received New Elk Coal Company's Quarterly Waste Bank Certifications for Q2, 2012 and <br />for Q3, 2012, on December 3 2012. <br />The inspections were carried out by NECC on June 16, 2012 and September 29, 2012, respectively. <br />Three disposal areas were inspected and described in the reports: <br />• The Refuse Disposal Area (RDA), located north of Highway 12 <br />• The first Development Waste Disposal Area (DWDA), located south of Highway 12 and west <br />of the main facility access road <br />• The second Development Waste Disposal Area (DWDA 2), located south of Highway 12 and <br />east of the main facility access road <br />The Division's review of the two documents finds that each is in compliance with the following rules: <br />1. 4.09. 1 (1 1)(a) — The fills were inspected quarterly for stability by a registered engineer during <br />the (4) placement and compaction of fill materials and (5) revegetation period. <br />2. 4.09. 1 (1 1)(c) — [No longer applicable] <br />3. 4.10.2(2)(a) — The waste banks were inspected quarterly by a registered engineer. <br />4. 4.10.2(2)(b) — The inspections included the necessary observations and tests to evaluate <br />potential hazards to human life and property. None were observed. <br />5. 4.10.2(2)(c) — Steepness of slopes, seepage and other visible indicators of potential failure were <br />considered. None were observed. <br />The Division's review finds that each document is not in compliance with the following rules: <br />1. 4.09.1(11)(b) —Reports should be submitted to the Division within two weeks of the date of the <br />inspection <br />The report for Q2 refers to compaction testing performed on the RDA and DWDA 2 on May 28, 2012, <br />stating that the results are attached; they are not. In order to ensure that NECC is meeting minimum <br />compaction requirements it is recommended that the compaction test results be submitted to the <br />Division. <br />Water level data from three monitoring wells (TH -1, TH -2 and TH -3) are included in both reports. The <br />data shows that the level was exactly the same in each well on September 29 as it was on June 16, <br />Office of Office of <br />Mined Land Reclamation Denver • Grand Junction • Durango Active and Inactive Mines <br />