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February 24,2022 C-1981-012/New Elk Mine JLE <br /> Inspection Topic Summary <br /> NOTE: Y Inspected N=Not Inspected R=Comments Noted V=Violation Issued NA=Not Applicable <br /> Y -Air Resource Protection Y -Roads <br /> R -Availability of Records N -Reclamation Success <br /> NA -Backfill&Grading N -Revegetation <br /> R -Excess Spoil and Dev.Waste Y - Subsidence <br /> NA -Explosives Y - Slides and Other Damage <br /> Y -Fish&Wildlife R - Support Facilities On-site <br /> R -Hydrologic Balance Y - Signs and Markers <br /> R -Gen. Compliance With Mine Plan R - Support Facilities Not On-site <br /> NA -Other NA - Special Categories Of Mining <br /> R -Processing Waste R -Topsoil <br /> CON VOENTS <br /> This was a complete inspection of the New Elk Mine,Colorado Division of Reclamation,Mining and Safety <br /> (DRMS or Division)permit number C-1981-012,operated by New Elk Coal Company,LLC(NECC). I,Jared <br /> Ebert and Connor Drinkard with DRMS conducted the inspection. Mr.Bill Storm and Mr.Nick Mason with <br /> NECC was aware of the inspection. Vince Massarotti with NECC accompanied us during the inspection. <br /> Pending permitting actions: <br /> Technical Revision No. 76(TR76)-this technical revision was deemed incomplete on February 3,2022. <br /> According to Mr.Mason,NECC is working on a response to the incompleteness review. <br /> Permit Revision No. 5 (PR5)-the decision date for PR5 is March 11,2022. Mr.Mason indicated that NECC is <br /> preparing a response to the Division's last adequacy review letter. <br /> AVAILABILITY OF RECORDS—Rule 5.02.4(1): <br /> The records were checked at the mine office. See the last page of this report for details. <br /> EXCESS SPOIL and DEVELOPMENT WASTE—Rule 4.09 <br /> Placement; Drainage Control; Surface Stabilization: <br /> Development Waste Disposal Area(DWDA)91 was observed. The ditching around the DWDA 91 pile was clear <br /> and functional. The pile is stable and vegetated. <br /> DWDA 92 was observed. The ditching around the pile was clear and functional. Culvert C13 on the southeast <br /> corner of DWDA 92 was clear. NECC should monitor the berm holding the inlet to culvert C13 in place as it <br /> appears to have slightly eroded on the northeast side of the inlet. <br /> Number of Partial Inspection this Fiscal Year: 5 <br /> Number of Complete Inspections this Fiscal Year: 3 <br /> Page 2 of 10 <br />