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December 5, 2012 C-1983-059/Terror Creek Loadout JRS <br /> Inspection Topic Summary <br /> NOTE: Y=Inspected N=Not Inspected R=Comments Noted V=Violation Issued NA=Not Applicable <br /> N -Air Resource Protection R -Roads <br /> R -Availability of Records N -Reclamation Success <br /> N -Backfill &Grading N -Revegetation <br /> N -Excess Spoil and Dev.Waste N - Subsidence <br /> N -Explosives N - Slides and Other Damage <br /> N -Fish &Wildlife R - Support Facilities On-site <br /> R -Hydrologic Balance N - Signs and Markers <br /> R -Gen. Compliance With Mine Plan N - Support Facilities Not On-site <br /> N -Other N - Special Categories Of Mining <br /> N -Processing Waste R -Topsoil <br /> COMMENTS <br /> This was a complete inspection of the Terror Creek Loadout conducted by Jim Stark of the Colorado Division of <br /> Reclamation, Mining and Safety. Jim Kiger, representing Terror Creek, LLC,was present on the inspection. The <br /> operation was not actively processing coal or loading train cars at the time of the inspection. The Terror Creek <br /> Loadout is idled and will only be staffed and operational if an order for the specialty coal it produces is received. <br /> The gate to the site is open,however,because a trucking company leases the shop and warehouse building. The <br /> Terror Creek Loadout is not being put into temporary cessation and, as such,will continue to perform all <br /> maintenance and monitoring as required by the approved permit. The weather was warm and sunny and the <br /> ground was dry. <br /> AVAILABILITY OF RECORDS—Rule 5.02.4(1): <br /> -All of the necessary records were available at either the Elk Creek Mine office of the Terror Creek Loadout <br /> office. Some of the records were moved to the Elk Creek Mine offices when the Terror Creek Loadout was idles <br /> so Jim Kiger would have access to these records. Regardless of the location of the records,any interested party <br /> would have to contact Jim Kiger to view the public records. Please see the DRMS Availability of Records form at <br /> the end of this inspection report for more detailed information. <br /> HYDROLOGIC BALANCE -Rule 4.05 Drainage Control 4.05.1, 4.05.2, 4.05.3; Siltation Structures 4.05.5, <br /> 4.05.6; Discharge Structures 4.05.7,4.05.10; Diversions 4.05.4; Effluent Limits 4.05.2; Ground Water Monitoring <br /> 4.05.13; Surface Water Monitoring 4.05.13; Drainage—Acid and Toxic Materials 4.05.8; Impoundments 4.05.6, <br /> 4.05.9; Stream Buffer Zones 4.05.18: <br /> - Sediment pond 1 contained water approximately three feet below the primary discharge pipe and was not <br /> discharging at the time of the inspection. The pond embankment was well vegetated and stable and no erosional <br /> problems were noted. <br /> -The dugout pond was dry at the time of the inspection. The pond area was well vegetated and stable and no <br /> erosional problems were noted. <br /> -The ditches along the haul road and coal stockpiles,which flow into pond 1,were all clean. There were no <br /> erosional problems noted in any of these ditches. <br /> Number of Partial Inspection this Fiscal Year: 4 <br /> Number of Complete Inspections this Fiscal Year: 2 <br /> Page 2 of 5 <br />