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August 23, 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 R -Roads <br /> R -Availability of Records NA -Reclamation Success <br /> NA -Backfill &Grading Y -Revegetation <br /> R -Excess Spoil and Dev.Waste N - Subsidence <br /> NA -Explosives Y - Slides and Other Damage <br /> Y -Fish &Wildlife R - Support Facilities On-site <br /> R -Hydrologic Balance R - Signs and Markers <br /> R -Gen. Compliance With Mine Plan R - Support Facilities Not On-site <br /> N -Other NA - Special Categories Of Mining <br /> R -Processing Waste R -Topsoil <br /> COMMENTS <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 Nikie Gagnon with DRMS conducted the inspection and Nick Mason with NECC accompanied us <br /> during the inspection. Maintenance items are listed below in BOLD text. <br /> Current permitting actions under review: <br /> 1.) Minor Revision No. 131 (MR131) -Decision date has been extended to September 23, 2022. <br /> 2.) Minor Revision No 132 (MR132) -Decision date has been extended to September 23,2022. <br /> 3.)Technical Revision No. 76 (TR76) -The Division issued the proposed decision to approve TR76 on August 25, <br /> 2022 and the public comment period closes on September 9,2022. <br /> AVAILABILITY OF RECORDS—Rule 5.02.4(1): <br /> The records for the mine were checked at the mine office at the beginning of the inspection. Please see the end of <br /> the report for details. <br /> EXCESS SPOIL and DEVELOPMENT WASTE—Rule 4.09 <br /> Placement; Drainage Control; Surface Stabilization: <br /> Development Waste Disposal Area(DWDA) 41 was observed. This pile was stable with very good vegetation <br /> cover is established on the reclaimed pile. <br /> DWDA 42 was observed. NECC has graded and repaired a gully that formed on the east end of the pile. NECC <br /> also placed rock check dams where the gully had formed on the east side of the pile. The ditches surrounding the <br /> Number of Partial Inspection this Fiscal Year: 1 <br /> Number of Complete Inspections this Fiscal Year: 1 <br /> Page 2 of 11 <br />