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Page 4 of 4 <br />Please provide surveyed elevations that are sufficient in number and location to allow <br />direct comparison with the October 8, 2013 survey, so that we can determine whether the <br />ditch has been regraded to achieve positive flow. <br />The Division also noted, in our review of the October 8, 2013 as -built survey provided for <br />Ditch D -55, that the ditch has not been constructed to meet the minimum depth requirement, <br />and had not been lined with rip rap as required by the approved design (cited above). These <br />issues remain outstanding. <br />New Elk Coal Company, LLC will need to either reconstruct ditch D -55 so that it is <br />consistent with the approved design, or propose a revised design that demonstrates that <br />the constructed ditch will meet the requirements of Rules 4.10.3, 4.09.2(7), and 4.05.4. <br />7. The drawings provided by NECC were not certified by a qualified registered professional <br />engineer or professional geologist, as required by Rule 2.10.3(2). <br />Please ensure any drawings submitted in response to the concerns outlined above are <br />certified as required by Rule 2.10.3(2). <br />Please accept my apologies for the slow response to your submission. My colleagues and I have been <br />surprised at the lack of clarity in the currently approved Permit Application Package, which has delayed <br />a thorough review of the material. <br />Please also note that the proposed decision due date for TR69 is April 29, 2014, and the abatement <br />deadline for NOV CV 2013 -009 is April 30, 2014. <br />Sincerely, <br />Q-1-- � <br />Leigh Simmons. <br />Environmental Protection Specialist <br />