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July 23, 2013 C-1981-012/New Elk Mine LDS <br /> office where the mining and reclamation permit is filed <br /> Rule 4.023 discusses perimeter markers: ...in the case of underground mining activities, the perimeter of <br /> all areas affected by surface operations or facilities, shall be clearly marked before the beginning ofsurface coal <br /> mining operations <br /> Rule 4.02.5 discusses Stream Buffer Zone markers: Buffer zones established under the provisions of <br /> 4.05.18 shall be clearly marked <br /> Rule 4.02.7 discusses topsoil markers: Where topsoil or other vegetation-supporting material is <br /> segregated and stockpiled as required under 4.06.3, the stockpiled material shall be clearly marked <br /> Signs and markers have been mentioned in several recent inspection reports,NECC should ensure that <br /> all mine ID signs, disturbed area boundary markers, stream buffer zone markers and topsoil stockpile <br /> markers are in place and in full compliance. <br /> OFFSITE SUPPORT FACILIITES -Rule 4.04, 4.28: <br /> The Jansen Load-out was inspected on Wednesday,July 24, 2013. Virtually all the coal had been shipped <br /> from the site.No weeds or non-coal waste were observed. The berm was intact. Boundary markers were in place. <br /> Both sumps were clear and well defined. Some dead thistles were observed-the weed spraying program has been <br /> effective and should be continued. A little coal had spilled over the concrete retaining wall. The gate had been <br /> damaged. The coal should be cleared up and the gate should be repaired. <br /> The Apache Canyon airshafts were also inspected on Wednesday,July 24, 2013. The phone number on <br /> the mine ID sign at the second airshaft was updated during the inspection,but is only a temporary solution. The <br /> hole that was identified at the base of the concrete pad,near a small tree, in the inspection report of April 29, 2013, <br /> was filled during the inspection.A single Houndstongue plant was observed and removed. <br /> Offsite monitoring wells were also inspected on Wednesday,July 24, 2013.No recent disturbance was <br /> observed. <br /> TOPSOIL—Rule 4.06 <br /> Removal 4.06.2; Substitute Materials 4.06.4(4); Storage and Protection 4.063; Redistribution 4.06.4: <br /> As noted in the inspection report of April 29,2013,the topsoil stockpile shown on the 7/25/2012 version <br /> of map 14 does not exist and may not be constructed. Also, a second topsoil stockpile, in the area of containments <br /> 1 and 2 is not shown on map 14. The map should be updated accordingly. Also,the sign on the second pile <br /> should be replaced. <br /> A small pile of topsoil on the SAE between the highway and the river,west of the RDA conveyor, <br /> should either be marked or moved to one of the other stockpiles. <br /> The piles in the main soil stockpile area were well defined and signposted. The piles will be hydro- <br /> mulched again in the autumn. <br /> Number of Partial Inspection this Fiscal Year: 0 <br /> Number of Complete Inspections this Fiscal Year: 1 <br /> Page 12 of 29 <br />