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November 22,2021 C-1981-012/New Elk Mine JLE <br /> 20 was in good repair,no problems were noted. <br /> SUPPORT FACILITIES -Rule 4.04: <br /> The Small Area Exemption(SAE) adjacent to Pond 007 is being used for an equipment storage. Overall the area <br /> is maintained and the sediment control structures such as ditches and silt fence were maintained and functional. <br /> The SAE where the water tanks are stored on the south side of the facilities area was in good repair. The sediment <br /> control berm and drainage check dam is in place and functional. <br /> OFFSITE SUPPORT FACILIITES -Rule 4.04,4.28: <br /> The Golden Eagle Fan site was observed. This area is stable and vegetated. No problems were noted. <br /> The Jansen Loadout area was observed.A new sump has been excavated on the south side of the load tower and <br /> coal stockpile area to collect dust control water sprayed on the stockpile. There was coal stockpiled at the site and <br /> train cars were staged in the loadout area. The south side berms is in place and vegetated and the sumps were <br /> vegetated and stable. <br /> TOPSOIL—Rule 4.06 <br /> Removal 4.06.2; Substitute Materials 4.06.4(4); Storage and Protection 4.06.3; Redistribution 4.06.4: <br /> The soil storage area in the main facilities was observed. The topooil stockpile was well vegetated and stable. A <br /> topsoil identification marker was in place on top of the pile. The perimeter berm surrounding the topsoil stockpile <br /> was in place and in good repair. The subsoil stockpile was in place,vegetated and stable. NECC recently had <br /> cleaned out a sediment control sump at the northeast corner of the subsoil stockpile and installed silt fence at the <br /> sump's discharge point. <br /> Drill hole pad NE-04-20 has been constructed and the drill hole appears to have been drilled and subsequently <br /> sealed. This drill hole was drilled as part of a program approved with Technical Revision 74(TR74). The pad <br /> was cut into the side of a slope on the south side of the main facilities area along an improved light use road. <br /> Topsoil was not stockpiled adjacent to or within the pad area,it does not appear topsoil was salvaged from the pad <br /> area prior to its construction. NECC committed to salvaging and removing the top 12 inches of soil or the <br /> available amount. In addition a two foot berm and silt fence was to be installed on the downslope of the topsoil <br /> storage area. A stockpile of material was located adjacent to the cuttings/fluids pit,but this material does not <br /> appear to be topsoil and was likely to have been excavated from this pit. After the inspection Nick Mason with <br /> NECC explained that this drill pad was constructed within an area that appears to have been previously disturbed <br /> by the construction of road not originally associated with the mining operation. Upon review of aerial <br /> photographs,it does appear this area had been previously disturbed by a road. Given this,DRMS will not pursue a <br /> violation at this time for failing to salvage and store topsoil in accordance with Rule 4.06.2 and 4.06.3 but requests <br /> that if in the future a similar situation arises,the lack of topsoil should be noted and discussed during the <br /> permitting process. The lack of topsoil on this drill pad should have been identified in the TR74 submission. <br /> Number of Partial Inspection this Fiscal Year: 2 <br /> Number of Complete Inspections this Fiscal Year: 2 <br /> Page 5 of 12 <br />