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January 9, 2013 C- 1996 - 083 /13owie No. 2 Mine SLB <br />Construction of the haul road into Gob Pile #3 had temporarily ceased. The roadway and ditches were complete <br />into the gob area. The operator intends to pave the road and install metal bars for mud control as soon as <br />conditions allow. Culverts to carry road drainage across the Fire Mountain Canal were in place and grouted in at <br />the endwalls to prevent flow around the culverts into the canal. <br />TOPSOIL — Rule 4.0611 Removal 4.06.2; Substitute Materials 4.06.4(4); Storage and Protection 4.06.3; <br />Redistribution 4.06.4: <br />It did not appear that the operator salvaged topsoil prior to constructing the roadway in the proposed Gob <br />Pile #2 expansion area, as described under General Mine Plan Compliance, above. Excavated materials along the <br />roadway were placed on undisturbed areas prior to removal of topsoil and vegetation. The operator indicated that <br />there is little, if any, topsoil on the steep slope areas in this area, so no topsoil was salvaged. The operator had not, <br />however, requested or approved a variance from topsoil salvage in this area. Accordingly, failure to save topsoil <br />in accordance with Rule 4.06.1 prior to disturbance was cited in Notice of Violation CV- 2013 -001. <br />Number of Partial Inspection this Fiscal Year: 9 <br />Number of Complete Inspections this Fiscal Year: 2 <br />Page 5 of 12 <br />