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March 15,2022 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 /> N -Air Resource Protection N -Roads <br /> N -Availability of Records N -Reclamation Success <br /> N -Backfill&Grading N -Revegetation <br /> N -Excess Spoil and Dev.Waste N - Subsidence <br /> N -Explosives N - Slides and Other Damage <br /> N -Fish&Wildlife R - Support Facilities On-site <br /> R -Hydrologic Balance N - Signs and Markers <br /> R -Gen. Compliance With Mine Plan N - Support Facilities Not On-site <br /> N -Other N - Special Categories Of Mining <br /> R -Processing Waste N -Topsoil <br /> CONIlOENTS <br /> This was a monitoring 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 with DRMS conducted the inspection. Mr.Vince Massarotti with NECC accompanied me during the <br /> inspection. Nick Mason and Bill Storm with NECC were aware of the inspection. Maintenance items are in <br /> bold text below. <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 May 13,2022. Mr.Mason indicated that NECC is <br /> preparing a response to the Division's last adequacy review letter. <br /> HYDROLOGIC BALANCE -Rule 4.05 <br /> Drainage Control 4.05.1,4.05.2,4.05.3; Siltation Structures 4.05.5,4.05.6; Discharge Structures 4.05.7,4.05.10; <br /> Diversions 4.05.4;Effluent Limits 4.05.2; Ground Water Monitoring 4.05.13; Surface Water Monitoring 4.05.13; <br /> Drainage—Acid and Toxic Materials 4.05.8;Impoundments 4.05.6,4.05.9; Stream Buffer Zones 4.05.18: <br /> Pond 001a was holding water but was not discharging. The embankment was stable and vegetated. The new <br /> pump installed at the northeast corner of the pond was leaking slightly. The primary and emergency spillway was <br /> clear and functional. <br /> Number of Partial Inspection this Fiscal Year: 6 <br /> Number of Complete Inspections this Fiscal Year: 3 <br /> Page 2 of 9 <br />