2021-11-02_REVISION - C1981012

• Permit No: C1981012
• IBM Index Class Name: Revision
• Doc Date: 11/2/2021
• Doc Name: Adequacy Review #2
• From: DRMS
• To: New Elk Coal Company, LLC
• Type & Sequence: PR5
• Email Name: JLE
• Media Type: D
• Archive: No

New Elk Mine, PR5 Adequacy Review 2
November 2,2021
Page 9 of 11
I. NECC submitted revised pages 2.05-69 to 74. Proposed revised Page 69 does not include
currently approved text in response to section 2.05.4(2)(h)or the Section Heading
Post-Mining Land Use"currently included on Page 69. Please revise as necessary.
ii. The section regarding mitigation of impacts of mining operations on fish and wildlife is
missing a section heading in keeping with the formatting of the PAP. Please revise as
necessary.
iii. Revised page 71,the second paragraph indicates mining may also occur in the Apache or
Allen Seams where secondary coal recovery will occur. Please provide a mining plan map
that depicts the proposed workings in these seams.Or,if mining in these seams is not
proposed during this permit term,please revise the narrative of this page to indicate this and
commit to revising the permit in the future prior to reinitiating mining in these seams.
iv. Revised pages 71 through 74 have a subheading that notes the date of the revision is
9/22/2020 and that the page is revised with TR75. Please revise this page with an updated
date and indicate the pages are revised with PR5.
c. DRMS Response#2:
I. Enclosed is a memorandum dated October 27,2021 from Leigh Simmons with DRMS. Mr.
Simmons conducted a review of PR5 to assess the proposed plan for compliance with Rule
2.05.6(3),please respond to the adequacy review issues identified in this memorandum.
(4)Protection ofparks and historic places
41. As discussed above,the SHPO has recommended a class III cultural resource inventory be conducted for the
proposed affected area associated with mining in the Blue Seam resulting from subsidence,vibration,and
potential surface facilities needed to support mining. The Division acknowledges that no such surface
facilities are proposed with PR5 but would note that if additional surface facilities are needed to support
mining in the future,appropriate revisions to the permit will be required. Based on the results of the class III
cultural resource survey,please provide an update to section 2.05.6(4)of the permit if necessary. If NECC
believes the survey is unnecessary,please provide a detailed justification for this.
a. NECC Response: Section 2.05.6 has been revised to include mining method and extraction of
coal. With room and pillar mining and no proposed secondary mining,subsidence will not occur.
As a result,NECC requests that a class III cultural resource inventory of the PR5 not be
required.
b. DRMS Response: Please see the response to adequacy review item 942 below. Section 2.05.6(6)of
the PAP was not updated with PR5 and NECC will need to revise this section of the permit for the
proposed change in the mine plan. As this subsidence survey,monitoring and control adequacy item
relates to the cultural resource survey,please provide a detailed analysis demonstrating mining in the
blue seam will not result in surface subsidence.
(6)Subsidence Survey, Subsidence Monitoring, and Subsidence Control
42. The current approved mining plan proposes retreat mining;however,the PR5 cover letter indicates that no
secondary mining(retreat mining)will occur. Please clarify and specifically commit to the mining method
chosen. Please revise Section 2.05.6(6)of the permit to account for the revised mining plan proposed with
PR5.This section must be revised and address all of the requirements of Rule 2.05.6(6)and must comply