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July 23, 2013 C-1981-012/New Elk Mine LDS <br /> Inspection Topic Summary <br /> NOTE: Y=Inspected N=Not Inspected R=Comments Noted V=Violation Issued NA=Not Applicable <br /> Y -Air Resource Protection R -Roads <br /> R -Availability of Records N -Reclamation Success <br /> N -Backfill &Grading R -Revegetation <br /> R -Excess Spoil and Dev.Waste N - Subsidence <br /> R -Explosives N - Slides and Other Damage <br /> Y -Fish &Wildlife Y - Support Facilities On-site <br /> R -Hydrologic Balance R - Signs and Markers <br /> R -Gen. Compliance With Mine Plan R - Support Facilities Not On-site <br /> N -Other Y - Special Categories Of Mining <br /> R -Processing Waste R -Topsoil <br /> COMMENTS <br /> This was a complete inspection by Leigh Simmons and Dan Hernandez of Colorado Division for <br /> Reclamation, Mining and Safety, (the Division). The inspectors were accompanied by Ron Thompson of New Elk <br /> Coal Company, (NECC). The weather was varied: overcast on Tuesday and Wednesday, fine for most of Thursday <br /> with rain late in the day, and fine on Friday morning. The area had received several rainstorms, on the order of the <br /> l0y/24hr event, over the preceding few weeks. A significant rain event also occurred overnight on Wednesday. <br /> The New Elk mine continues in Temporary Cessation.No coal is being produced, and virtually all stockpiled coal <br /> has been shipped in 4 train loads,to a broker, for sale as steam coal. <br /> The parent company of NECC, Cline Mining, announced on July 9, 2013,that it had agreed a new <br /> financing arrangement with Marret Asset Management designed to ensure that Cline would be able to meet its <br /> short-to medium-term obligations,whilst continuing discussions with other potential investors. Cline voluntarily <br /> de-listed from the Toronto Stock Exchange on July 13,2013. <br /> Two separate groups of potential investors visited the New Elk mine during the inspection. <br /> Several employees have left the mine, including David Stone, Rachel Ford,Wayne Schiller and Dick <br /> Tribble. The new Executive Director of Cline Mining, Mark Haywood, is acting Mine Manager at New Elk and is <br /> on-site. He took time to meet with DRMS inspectors. Ron Thompson was a NECC employee at the time of the <br /> inspection,but may continue his relationship with the mine as a consultant from August 1, 2013. Dennis Wilson, <br /> Bobby Steele,Vince Massaroti remain employed,with responsibilty for surface operations. Randy Acre has been <br /> re-focused on safety(Safety Manager). Greg Smith remains as Technical Services manager,with responsibility for <br /> permitting, among other things. Mr Wilson and Mr Smith will each report to the Mine Manager. The mine <br /> currently employs 24 people. <br /> The staff at New Elk have continued to make an effort to bring the mine into full compliance with the <br /> regulations and permit,however some issues that have been raised in previous inspection reports have not been <br /> completely addressed meaning that enforcement action has become necessary. Consistent with the format of recent <br /> inspection reports, items needing action will be highlighted using bold text.Where possible,these items should be <br /> addressed before the next inspection. <br /> Several permitting actions are in progress,these are detailed under the heading GENERAL MINE PLAN <br /> Number of Partial Inspection this Fiscal Year: 0 <br /> Number of Complete Inspections this Fiscal Year: 1 <br /> Page 2 of 29 <br />