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A review of previous ARR documents (2006-2015) determined that the Tables <br />submitted with the 2008 ARR definitively defined acreages and timing of events <br />related to final reclamation. In 2007and 2008 New Elk worked closely with DRMS <br />personnel to accurately define areas seeded, acreage seeded, the year of seeding, <br />and the required seed mix for the various acres of disturbance. These values were <br />carried forward in the annual reports through 2009 and 2010. <br />In 2011, with the re-entry and startup of mining in the Allen Mine and the opening of the <br />Bates Portals, 9.40 acres of new disturbance and 14.72 acres of reclamation were re - <br />disturbed. The total disturbance for 2011, 24.12 acres, was correctly reported on the <br />ARR form and the map submitted with the 2011 ARR shows these areas of disturbance. <br />The acres backfilled and graded, receiving topsoil, and seeding were not reduced to <br />account for the 14.72 acres of re -disturbance on the 2011 ARR. <br />The New Elk form Section F). accompanying the CDRMS 2016 Annual Reclamation <br />Report form corrects and updates the acreage receiving and the timing of reclamation <br />through 2016. These changes are reported on the 2016 ARR. This also resulted in <br />changes to the total acres seeded less than and greater than ten years. <br />Of particular note, the DWP upper bench will have been seeded for 10 -years in 2017 and <br />thus the entire DWP will be eligible for consideration for final bond release. NECC <br />commits to working with DRMS personnel in planning the vegetation assessment and <br />bond release application process. NECC will be contacting DRMS in the near future to <br />initiate this process. <br />A remaining question: Do any of the previous ARR Reports need to be corrected to <br />account for this oversite? Potentially the years 2011 to 2015 may require revision. Please <br />advise. <br />Regards, <br />Consultant to and Agent for <br />New Elk Coal Company LLC <br />