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Interoffice Memorandum <br />To: Leigh Simmons <br />From: Zach Trujillo <br />Subject: Lorencito Mine — Review of Forth Quarter 2012 Excess Spoil Fill Reports <br />Date: 4/10/2013 <br />Leigh — <br />Three excess spoil fills were inspected by New Elk Coal Company, LLC and included in their report, spoil fill numbers 7, 8 <br />and 9. All excess spoil fills inspected have been completed, are in final reclamation and has been previously phase one <br />bond released. <br />After my review of Lorencito Mine's Fourth Quarter Excess Spoil Fill Reports for the year 2012, 1 find the report in <br />compliance with the following rules: <br />1. 4.09.1(11)(a) —The fill was inspected for stability quarterly by a qualified professional specialists experienced in <br />construction of earth and rockfill embankments under the direction of a qualified professional engineer during <br />the (5) the revegetation period. There were no signs of stability issues, seeps or springs at any of the spoil fills <br />during the time of these inspections. <br />2. 4.09.1(11)(c) — Rule 4.09(11)(c) is no longer applicable during this stage of construction. <br />After my review of Lorencito Mine's Fourth Quarter Excess Spoil Fill Reports for the year 2012, 1 find the report not in <br />compliance with the following rules <br />1. 4.09.1(11)(b) — Lorencito Mine's excess spoil fills were inspected on December 21, 2012 and received by the <br />Division on August 28, 2012. The Division should receive a certified report within two weeks after the inspection <br />that the waste banks are being constructed as specified in the design approved by the Division. <br />As a reminder as per Rule 4.09.1(11)(b), a copy of these reports should be retained at the mine site. If you have any <br />questions, please feel free to contact me at any time. <br />Sincerely, <br />Zach <br />