2013-04-10_REPORT - C1981012 ‎(2)‎

• Permit No: C1981012
• IBM Index Class Name: Report
• Doc Date: 4/10/2013
• Doc Name: Response to Review of Wastebank Inspection Report
• From: Zack Trujillo
• To: Leigh Simmons
• Permit Index Doc Type: Waste Pile/Fill Report
• Email Name: ZTT
• Email Name: DIH
• Media Type: D
• Archive: No

Interoffice Memorandum
To: Leigh Simmons
From: Zach Trujillo
Subject: New Elk Mine — Review of New Elk Waste Bank Inspection Reports
Date: 4/10/2013
Leigh —
Three disposal areas were inspected by New Elk Coal Company, LLC and included in their report, the Development
Waste Disposal Area (DWDA) south of State Highway 12 and west of the main facility Access Road, the Development
Waste Disposal Area #2 located south of State Highway 12 and east of the main facility Access Road, and the Refuse
Disposal Area (RDA) located north of State Highway 12 and the Middle Fork of the Purgatoire River. Construction has
been completed on the DWDA as well as reclamation of the surface.
After my review of New Elks Fourth Quarter Waste Bank Inspection Reports for the year 2012, 1 find the report in
compliance with the following rules:
1. 4.09.1(11)(a) —The fills were inspected quarterly for stability by a registered engineer during the placement and
compaction of fill materials and revegetation period.
2. 4.09.1(11)(c) — Rule 4.09(11)(c) is no longer applicable during this stage of construction.
3. 4.10.2(2)(a) —The fills were inspected by a registered engineer experienced in construction of similar earth and
waste structures.
4. 4.10.2(2)(b) —The inspections included the necessary test to evaluate potential hazards to human life and
property. None were observed.
5. 4.10.2(2)(c) — Steepness of slopes, seepage and other visible factors which could indicate potential failure were
considered within the inspections. No signs of instability, erosion or seeps were observed.
After my review of New Elks Fourth Quarter Waste Bank Inspection Reports for the year 2012, 1 find the report not in
compliance with the following rules:
1. 4.09.1(11)(b) —New Elk Mine's DWDA, DWDA #2 and RDA were inspected on December 20, 2012 and received
by the Division on April 4, 2013. A qualified registered engineer should provide to the Division a certified report
within two weeks after the inspection that the waste banks are being constructed as specified in the design
approved by the Division.
The following are some key notes from New Elk Mine's Waste Bank Inspection Reports:
• Refuse placement has been completed on DWDA #2 and has been shaped all but the east end of the pile. The
operator is evaluating alternative uses for the area which may result in a future revision.
• A 36" vertical cement culver placed in the middle of ditch D -14 restricts flow and should be removed.
• The east upland diversion ditch affiliated with the RDA has been regraded to ensure positive ditched. Culverts C-
75 and C -76 have been removed.
• Culvert C -41 needs to be repaired or replaced as portion of the culvert has partially collapsed.