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COLORADO <br /> Division of Reclamation, <br /> Mining and Safety <br /> Department of Natural Resources <br /> 1313 Sherman Street, Room 215 <br /> Denver, CO 80203 <br /> November 19,2021 <br /> New Elk Coal Company <br /> Atlas: Larry Cook <br /> 12250 Highway 12 <br /> Weston,Colorado 81091 <br /> RE: New Elk Mine, C-1981-012 <br /> Third Quarter 2021, Coal Waste Pile(s)Inspection Report Review <br /> Dear Mr. Cook: <br /> The Colorado Division of Reclamation,Mining,and Safety(DRMS or Division)received a quarterly inspection <br /> report for the three coal waste banks at the New Elk Mine on September 30,2021. The report covers the third <br /> quarter,2021 monitoring period. The site was inspected on September 25,2021. The report appears to be in <br /> compliance with DRMS Regulations 4.09.1(11)and 4.10.2(2),unless noted below. <br /> Development Waste Disposal Area No. 1 (DWDA No. 1)was inspected. This feature was reclaimed in 2004,and <br /> waste was not disposed on this site during this quarter.No issues were noted. <br /> Development Waste Disposal Area No. 2(DWDA No.2)was inspected.According to the report this pile was idle <br /> at the time of the inspection. Also,according to the report refuse placement has been completed at the DWDA <br /> No. 2 but the west end of the pile is used to dry sediment before it is hauled to the Refuse Disposal Area. The <br /> report indicates compaction tests were last completed in 2012 and that no refuse placement has occurred since <br /> May of 2012.The rills on the pile were noted as being monitored and that sediment loading was not occurring. <br /> The sump at the end of the area was noted as being cleaned out. DRMS noted this activity during the last <br /> inspection. <br /> The Refuse Disposal Area(RDA)was inspected.According to the report the mine has only intermittently <br /> transported waste from temporary storage piles to the RDA. The Division notes that New Elk Coal Company, <br /> LLC. (NECC)has begun production again and therefore has placed refuse on the pile since re-initiation of <br /> production in May of 2021. The report indicates the facility was idle at the time of the inspection. The reports <br /> indicates testing has been conducted demonstrating the operation has achieved an excess of 90% compaction. As <br /> NECC continues production and begins to place additional refuse on the RDA,please submit copies of the <br /> tests documenting the required compaction has occurred in accordance with Rule 4.10.2(2)(b). Three <br /> monitoring wells were monitored for water levels. <br /> The inspection was conducted by Vince Massarotti under the direction of Steve Miller a registered professional <br /> engineer licensed in the State of Colorado. The inspection report was stamped by Mr.Miller and dated <br /> September 25,2021. <br /> o�.c°lo <br /> 1313 Sherman Street, Room 215, Denver, CO 80203 P 303.866.3567 F 303.832.8106 https://drms.colorado.gov/ ��' •, <br /> Jared Polis, Governor I Dan Gibbs, Executive Director I Virginia Brannon, Director I <br /> *1876 i <br />