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Interoffice Memorandum <br />To: Janet Binns <br />From: Zach Trujillo <br />Subject: New Elk Mine — Review of First Quarter 2012 Waste Bank Inspection Reports <br />Date: 7/13/2012 <br />Janet— <br />Two disposal areas were inspected by New Elk Coal Company, LLC and included in their report, the Development Waste <br />Disposal Area (DWDA) south of State Highway 12 and west of the main facility Access Road and the Refuse Disposal Area <br />(RDA) located north of State Highway 12 and the Middle Fork of the Purgatoire River. Construction has been completed <br />on the DWDA as well as reclamation of the surface. The RDA is currently in construction and refuse has been <br />intermittently placed in 1 -2 foot lifts where it is dried and then compacted. <br />After my review of New Elks First Quarter Waste Bank Inspection Reports for the year 2012, 1 find the report in <br />compliance with the following rules: <br />1. 4.09.1(11)(a) — The fills were inspected quarterly for stability by a registered engineer during the (4) placement <br />and compaction of fill materials and (5) revegetation period. <br />2. 4.09.1(11)(c) — Rule 4.09(11)(c) is no longer applicable during this stage of construction. <br />3. 4.10.2(2)(a) — The fills were inspected by a registered engineer experienced in construction of similar earth and <br />waste structures. <br />4. 4.10.2(2)(b) — The inspections included the necessary test to evaluate potential hazards to human life and <br />property. None were observed. <br />5. 4.10.2(2)(c) — Steepness of slopes, seepage and other visible factors which could indicate potential failure were <br />considered within the inspections. No signs of instability, erosion or seeps were observed. <br />After my review of New Elks First Quarter Waste Bank Inspection Reports for the year 2012, 1 find the report not in <br />compliance with the following rules: <br />1. 4.09.1(11)(b) —New Elk Mine's DWDA and RDA were inspected on March 31, 2012 and received by the Division <br />on July 1, 2012. A qualified registered engineer should provide to the Division a certified report within two <br />weeks after the inspection that the waste banks are being constructed as specified in the design approved by <br />the Division. <br />Additionally, as per Rule 4.10.2(2)(d) and 4.10.2(3), copies of the Waste Bank Inspection Reports shall be maintained at <br />the mine site and if the inspection discloses any potential hazard exist, the Division should be informed promptly of the <br />finding and of the emergency procedures formulated for public protection and remedial action. <br />If you have any questions, feel free to contact me at any time. <br />Thanks, <br />Zach <br />