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July 23, 2013 C-1981-012/New Elk Mine LDS <br /> COMPLIANCE. More revisions to the permit are anticipated as the mine moves towards production. This context <br /> continues to lend urgency to the need to ensure that the situation on the ground is in full compliance as soon as <br /> possible. hi particular,the maps should reflect the physical reality, and vice-versa. <br /> AVAILABILITY OF RECORDS—Rule 5.02.4(1): <br /> Work on the digital record database, described in the inspection reports of October 16, 2012, and April 29, <br /> 2013,was on-going. In the meantime,NECC continues to maintain paper records. The records were in compliance <br /> in Mr Thompson's office (see attached checklist). <br /> EXCESS SPOIL and DEVELOPMENT WASTE—Rule 4.09 <br /> Placement; Drainage Control; Surface Stabilization: <br /> The reclaimed Development Waste Pile (DWDA 1)was stable and well vegetated. Some erosion was <br /> evident on the south side of the pile. The erosion should be repaired and reseeded. DWDA 1 is a potential <br /> candidate for a phase II bond release application,this would then allow pond 4 to be reclaimed,upon approval of a <br /> pond removal demonstration. <br /> The Development Waste Disposal Area(DWDA 2)appeared stable however the surface has not been <br /> reclaimed and is vulnerable to erosion. Sediment from the pile had washed off during the recent rain events and <br /> collected in the ditch surrounding the pile. The sediment level had built up to the point that the ditch was unable to <br /> convey the runoff. The ditch had breached in one place and almost breached in another(this is described in greater <br /> detail in the HYDROLOGIC BALANCE section). <br /> The third Development Waste Disposal Area(DWDA 3),which was approved by TR65,has not yet been <br /> bonded for and construction of it has not begun. <br /> hi order to reduce potential liability,NECC could consider using the RDA to place future development <br /> waste, foregoing the need for DWDA 3. Furthermore,the waste currently stored in DWDA 2 could be moved onto <br /> the RDA(assuming that the RDA road is upgraded to a haul road, as approved by TR66), and the land currently <br /> occupied by DWDA 2 could be used for other purposes, or reclaimed. <br /> EXPLOSIVES—Rule 4.08 <br /> Distance Prohibitions 4.08.4;Warnings 4.08.4; Control of Adverse Effects 4.08.4: <br /> There were no explosives on site;NECC no longer holds an explosives permit. The area where explosives <br /> were stored previously was in good order. <br /> FISH and WILDLIFE—Rule 4.18: <br /> Several dead Ponderosa Pines were observed. Dead trees occurred on the mine site and on the neighboring <br /> hillsides. Their occurrence appeared to be slightly biased towards topographical ridges, suggesting that drought <br /> stress may be a factor. There was no reason to suspect that the dead trees were attributable to the disturbance of <br /> NECC. <br /> HYDROLOGIC BALANCE -Rule 4.05 <br /> Drainage Control 4.05.1, 4.05.2, 4.05.3; Siltation Structures 4.05.5, 4.05.6; Discharge Structures 4.05.7, 4.05.10; <br /> Diversions 4.05.4; Effluent Limits 4.05.2; Ground Water Monitoring 4.05.13; Surface Water Monitoring 4.05.13; <br /> Drainage—Acid and Toxic Materials 4.05.8; Impoundments 4.05.6, 4.05.9; Stream Buffer Zones 4.05.18: <br /> Number of Partial Inspection this Fiscal Year: 0 <br /> Number of Complete Inspections this Fiscal Year: 1 <br /> Page 3 of 29 <br />