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Apri123, 2012 C- 1981- 012/New Elk Mine JHB <br />The inspector found no evidence of hazardous waste spilling into or being discharged into the Purgatoire River. <br />There was also no visible evidence that activity had occurred, or that an attempt had been made to clean up <br />evidence. The Division could find no evidence to support the anonymous tip of hazardous material being dumped <br />into the Purgatoire River by NECC or their representatives. <br />PROCESSING WASTE /COAL MINE WASTE PILES — Rule 4.10 and 4.11 Drainage Control; Surface <br />Stabilization; Placement: <br />The Refuse Disposal Area continues to receive coal waste from the wash plant. Placement of the waste material <br />has been towards the south (front) of the pile. NECC is bringing the elevation of the front of the pile up, to bring <br />the top of the pile to a more level configuration. Drainage off the RDA is directed to the perimeter collection <br />ditches. There is no evidence of runoff from the pile draining down the front of the pile. No gullies are forming <br />on the covered, topsoiled, and vegetated benches. NECC has not resumed placement of refuse at the northern <br />(back) extent of the RDA. Extension of the chimney drains has not been resumed yet. <br />Cell tower construction is being implemented at the east side of the RDA in accordance with TR62. Culvert C75 <br />is appropriately placed in the upland containment ditch and the access road is constructed to the ridge to allow for <br />vehicle access to the cell tower location. Culvert C76 is in place in the upland containment ditch on the South east <br />side of the RDA. <br />SIGNS AND MARKERS — Rule 4.02: <br />Disturbance area markers are in place along the Purgatoire river adjacent to the DWDA, at the west portal area, <br />along the west portal access road, south of the topsoil & subsoil pile west of the entrance road, and around Ponds <br />6 and 7, and the eastern SAE area. <br />Stream Buffer zone signs have been re- erected along the Purgatoire River. However, several of the signs are <br />facing the river. Since the function of the stream buffer signage is to keep mine related activity out of the stream <br />buffer zone, the information on the signs need to face the active mining operations. Please correct the incorrectly <br />oriented signs. <br />OFFSITE SUPPORT FACILIITES - Rule 4.04,4.28: <br />NECC is pursuing Federal Leases through the BLM. Melissa Smiens of the Canon City BLM office accompanied <br />the inspection. The inspection tried to access the surface overlaying three lease areas located NE of the current <br />permit area, some of which are in the Rancho Escondido development. Several homes exist in the lease areas, as <br />well as gas wells, gas lines, power lines, and associated roads. NECC was unable to get a key for locked gates <br />from the surface land owner, Mr. Montoya, so access to the surface of all three lease areas was unsuccessful. The <br />three federal local lease parcel are currently not included within the DRMS New Elk permit, and New Elk Mine <br />remains a non - federal mine. <br />TOPSOIL — Rule 4.06 Removal 4.06.2; Substitute Materials 4.06.4(4); Storage and Protection 4.06.3; <br />Redistribution 4.06.4: <br />Number of Partial Inspection this Fiscal Year: 9 <br />Number of Complete Inspections this Fiscal Year: 3 <br />Page 5 of 16 <br />