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August 13, 2020 C-1981-012/New Elk Mine DCI <br />Inspection Topic Summary <br />NOTE: Y=Inspected N=Not Inspected R=Comments Noted V=Violation issued NA=Not Applicable <br />N - Air Resource Protection <br />N - Availability of Records <br />N - Backfill & Grading <br />N - Excess Spoil and Dev. Waste <br />N - Explosives <br />Y - Fish & Wildlife <br />Y - Hydrologic Balance <br />N - Gen. Compliance With Mine Plan <br />Y - Other <br />N - Processing Waste <br />Y - Roads <br />N - Reclamation Success <br />N - Revegetation <br />N - Subsidence <br />N - Slides and Other Damage <br />Y - Support Facilities On-site <br />Y - Signs and Markers <br />N - Support Facilities Not On-site <br />N - Special Categories Of Mining <br />N - Topsoil <br />COMMENTS <br />A partial inspection was conducted by Daniel Cunningham of the Colorado Division of Reclamation, Mining and <br />Safety (DRMS or Division) on August 13, 2020. Nick Mason was present for the inspection representing New Elk <br />Coal Company (NECC). The weather was hot and clear. <br />FISH and WILDLIFE — Rule 4.18: <br />Elk were seen on the property during the inspection <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 />Pond 001A was inspected from the water storage area above. Pond 001A was retaining water and no issues were <br />noted. <br />Ditches 34aa, 34bb, 34b, 34a, 31, 28, 27, 26, 16, 6, and 5 were inspected. No issues were noted. <br />Culverts 54, 53, 52, and 49 were inspected. No issues were noted. <br />ROADS — Rule 4.03 <br />Construction 4.03.1(3)/4.03.2(3), Drainage 4.03.1(4)/4.03.2(4), Surfacing and Maintenance4.03.1(5) and <br />(6)/4.03.2(5) and (6), Reclamation 4.03.1(7)/4.03.2(7): <br />Roads to the water storage facility and towards the West Allen mine entrance were inspected. No issues were <br />noted. <br />Number of Partial Inspection this Fiscal Year: 1 <br />Number of Complete Inspections this Fiscal Year: 1 <br />Page 2 of 8 <br />