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New Elk Mine, PR5 Adequacy Review 2 <br /> November 2,2021 <br /> Page 3 of 11 <br /> Rule 2.03.6—Rieht of Entry Information <br /> 12. It is difficult to verify which documents included in proposed Exhibit 34 is the basis for the applicant's legal <br /> right to enter and begin operations. Pursuant to Rule 2.03.6(1),please update Section 2.03.6 of the permit to <br /> provide a list of the documents upon which the applicant bases their legal right to enter. This list shall <br /> identify those documents by type and date of execution,and identify lands to which they pertain,and an <br /> explanation of the legal rights claimed by the applicant in accordance with Rule 2.03.6(1). <br /> a. NECC Response: Section 2.03.6 of the PAP has been updated to list the information requested in <br /> this comment. <br /> b. DRMS Response:The revised section 2.03.6 does not address the adequacy review item. This item <br /> remains outstanding. <br /> Rule 2.04.3—General Requirements: Site Description and Land Use information: <br /> 13. The current approved permit area for the New Elk Mine is 4,201.90 acres with the approval of TR72,and <br /> PR5 seeks to increase the permit area by 2,856 acres for a total permit area of 7,057.9 acres. Please revise the <br /> narrative of proposed revised page 1 of permit section 2.04.3 to reflect this. Also please update Table 5 on <br /> page 1 and proposed page la to reflect this. <br /> a. NECC Response: Revised pages of the PAP have been updated with acreages of the current permit <br /> and lands added for PR5. <br /> b. DRMS Response:There is still a minor discrepancy in the changes in the permit area proposed with <br /> PR5 discussed on revised page 2.04-la and what was applied for on the PR5 application form. <br /> Please revise the page 2.04-la to reflect what was requested on the PR5 application form. <br /> 14. The current approved disturbance area for the New Elk Mine is 227.8 acres with the approval of TR72 and <br /> TR74,and PR5 does not seek any additional disturbed acreage. Please revise the narrative of proposed <br /> revised page 1 of permit section 2.04.3 to reflect this. Also,please update Table 5 on page 1 and proposed <br /> page la to reflect this. <br /> a. NECC Response: Pages 1 and la of section 2.04.3 have been updated to reflect the current disturbed <br /> area. <br /> b. DRMS Response:NECC submitted two revised pages associated with this response,both are <br /> paginated as 2.04-1a. Please revise the pagination so these pages are different and flow logically <br /> with the existing permit text. <br /> c. DRMS Response:NECC revised Table 4 now included on proposed revised page 2.04-1a.This <br /> table is supposed to list the approximate acreages of land uses to be affected or disturbed. Revised <br /> Table 4 does not make sense,it appears there are now two tables proposed,one for the Pre-PR5 area <br /> and a second for the Post PR-5 area. Based on the second part of the table,NECC now shows there <br /> is no disturbed area in any of the identified land use areas and the permit area associated with each <br /> land use is not consistent. Please review this table and update the information as necessary. Please <br /> list the acreages of the permit area associated with each land use,the number of disturbed acres <br /> associated with each land use,and the number of affected acres associated with each land use. <br /> Please consider the definitions of"affected area"and"disturbed area"as defined by Rules 1.04(7) <br /> and(36). <br />