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April 21, 2014 C- 1981- 012/New Elk Mine LDS <br />AVAILABILITY OF RECORDS — Rule 5.02.4(1): <br />The records were available in the Technical Services building. Detailed comments are made at the end of <br />this report. <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, well drained and well vegetated. <br />Work had taken place to re -shape the east end of the newer development waste disposal area (DWDA 2). <br />Although the work was not complete, thankfully the steep edges had mostly been graded out before the recent <br />precipitation. The ground was very soft but when it dries out Mr Masarotti intends to bring the pile back to the <br />approved final configuration and fill in the low spot at the inlet to C 13. <br />Development waste continues to be stored in the soil storage area as a temporary measure. NECC plans to <br />transport this material to the RDA following the re- permitting of the access road as a haul road. The material from <br />DWDA 2 may also be transported to the RDA. <br />FISH and WILDLIFE — Rule 4.18: <br />Mr Masarotti described discussions he had had with a local representative of the Bosque del Oso State <br />Wildlife Area concerning development of SWA land within the permit boundary for hunting and /or fishing; <br />indeed, piles of new fence posts were lying next to marked willows at the western end of the mine site. The <br />property boundaries of surface owners are shown on Map 1 of the Permit Application Packet (PAP), but those <br />around the facilities area can be seen in greater detail on Map 11 of the PAP. <br />The section of the SWA boundary in question lies along the west side of the main entry road to the mine <br />as far as the four -way intersection, and then along the north side of the haul road to the west. Its approximate <br />location is shown in figure 1 (below). It includes the original development waste pile (DWDA 1), pond 4, and <br />several water monitoring locations. The Division would have a number of concerns if this area were proposed to <br />be fenced off. These include, but are not limited to: <br />• the safety of the public, given the movement of heavy mining machinery around an active mine <br />• the safety of mine staff, given the potentially close proximity of game hunters <br />• the ability of mine staff to carry out operations, maintenance and reclamation over the life of the mine <br />It is important to note that the permit does not currently allow for a fence to be erected along the property <br />line or for recreation to take place on land within the permit boundary. <br />Number of Partial Inspection this Fiscal Year: 6 <br />Number of Complete Inspections this Fiscal Year: 4 <br />Page 3 of 23 <br />