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January 28, 2013 C-1996-084/Lorencito Canyon Mine LDS Inspection Topic Summary NOTE: Y=Inspected N=Not Inspected R=Comments Noted V=Violation Issued NA=Not Applicable NA -Air Resource Protection R -Roads R -Availability of Records R -Reclamation Success NA -Backfill &Grading R -Revegetation R -Excess Spoil and Dev.Waste NA - Subsidence NA -Explosives NA - Slides and Other Damage Y -Fish &Wildlife NA - Support Facilities On-site R -Hydrologic Balance R - Signs and Markers R -Gen. Compliance With Mine Plan NA - Support Facilities Not On-site NA -Other NA - Special Categories Of Mining NA -Processing Waste R -Topsoil COMMENTS This was a complete inspection carried out by Leigh Simmons and Dan Hernandez of Colorado Division for Reclamation, Mining and Safety(the Division). Ron Thompson of New Elk Coal Company(NECC) accompanied the inspection thoughout. The weather was clear, cold and sunny,with—4"of new snow on the ground. The snow meant that access to the sediment ponds was mainly by foot. AVAILABILITY OF RECORDS—Rule 5.02.4(1): Work on the digital record database, described in the October 16, 2012 inspection report,was on-going. In the meantime,NECC continues to maintain paper records. The records were in compliance in Mr Thompson's office (see attached checklist). EXCESS SPOIL and DEVELOPMENT WASTE—Rule 4.09 Placement; Drainage Control; Surface Stabilization: Fills 7, 8 and 9 were all inspected and appeared to be well drained and stable (See photos 1-3). The down-drains on all fills were in good order. HYDROLOGIC BALANCE -Rule 4.05 Drainage Control 4.05.1, 4.05.2, 4.05.3; Siltation Structures 4.05.5, 4.05.6; Discharge Structures 4.05.7, 4.05.10; Diversions 4.05.4; Effluent Limits 4.05.2; Ground Water Monitoring 4.05.13; Surface Water Monitoring 4.05.13; Drainage—Acid and Toxic Materials 4.05.8; Impoundments 4.05.6, 4.05.9; Stream Buffer Zones 4.05.18: All surface disturbance at the site reports to one of six sediment ponds. To the north are ponds 5, 8 and 9 (or 9b), and to the south ponds 6, 7 and 9a.None of the ponds were holding water at the time of the inspection. The spillways and embankments at all ponds were sound. All culverts were clear under the road to pond 5. Bales had been placed in a semi-circle at the small level area far above pond 5,to control the runoff entering this otherwise undisturbed drainage (see photos 4&5). The first three culverts from the bottom of the road to pond 8 were clear;the 4th was partially blocked and needs to be re-laid to work effectively. Culverts above this were clear,but are apparently the responsibility of the gas Number of Partial Inspection this Fiscal Year: 5 Number of Complete Inspections this Fiscal Year: 3 Page 2 of 8