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New Elk Mine, PR5 Adequacy Review 2 <br /> November 2,2021 <br /> Page 2 of 11 <br /> v. On page 4 of revised section 2.03,two subsections(2)(d)and(2)(e)are out of place and do <br /> not correspond to Rule 2.03.4(3). Please address this discrepancy. <br /> vi. Please revise section 2.03.4(4)to be organized with the revised rule organization. <br /> Subsection(1)of the revised submittal does not make sense. Subsection(2)(b)and(2)(c)of <br /> the application indicates that Louis Head is the general manager,registered agent,and <br /> person responsible for paying the abandoned mine land reclamation fee for NECC;DRMS <br /> was informed that Louis Head is no longer employed with NECC. <br /> vii. Revised section 2.03.4(5)is not reflective of the associated rule. Please revise accordingly. <br /> 5. The date,PE#,and signature of the person who prepared the Maps 1,2,3,is missing or not provided. Please <br /> submit updated maps with this information. <br /> a. NECC Response:Maps 1,2,and 3 have been updated to include the required PE information. <br /> b. DRMS Response:This item was not addressed by NECC. The maps submitted on October 11, <br /> 2021 did not include this information. <br /> 6. Based on Allegiance Coal's website,Amon Mahon is a Director of New Elk Coal Company,LLC and Chief <br /> Operating Officer. Amon Mahon was not included in the list of Officers and Directors. Please clarify this <br /> discrepancy. Please add Amon Mahon to the list of Officers and Directors if necessary. <br /> a. NECC Response:NECC is going to rearrange Officers and Directors.Amon will be moving to a <br /> different project at the beginning of October,if he can remain until October that would be ideal,as <br /> long as that does not affect the permit revision. <br /> b. DRMS Response:Are Amon Mahon and William Larry Cook still officers within the owner and <br /> controller hierarchy? If so,they need to be included in the appropriate permit sections for Rule <br /> 2.03. If not,please provide documentation,such as board meeting minutes,that these parties are no <br /> longer officers within the hierarchy of the NECC and their owners and controllers. <br /> Rule 2.03.5—Compliance Information <br /> 9. DRMS conducted an Applicant/Violator System(AVS)check based on the current information and revised <br /> information submitted for section 2.03.4 of the permit. Also,Amon Mahon identified as a Director of New <br /> Elk Coal Company,LLC on Allegiance Coal's website was included in this check. Attached are Evaluation <br /> Reports from AVS. Violations and cessation orders were found for Larry Cook and Amon Mahon.A bond <br /> forfeiture was noted for Amon Mahon. Please address each of these items listed in the Evaluation Reports <br /> and supply the information required by Rule 2.03.5(1)(c). Please note in accordance with Rule 2.07.6(1)(b) <br /> that the Division shall not issue the permit if any surface coal mining and reclamation operation that is <br /> directly owned or controlled by the applicant and has a unabated or uncorrected violations;or is indirectly <br /> controlled by the applicant or operator and has an unabated or uncorrected violations and that control was <br /> established or the violations were cited after November 2, 1988. <br /> a. NECC Response: See above for item 6.NECC is going to rearrange the officers and directors. <br /> b. DRMS Response: Please respond to item 46b above for both Amon Mahon and William Larry <br /> Cook. Per NECC response,these officers are"rearranged;"however if they are still officers of the <br /> applicant or the owners and controllers of the applicant then the requirements of Rule 2.03.5(1)must <br /> be addressed. <br />