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11. There appear to be errors on Map 14 West Portal Sediment and Surface Water Control Plan regarding ditches <br />D34a and D34b. Should these ditches be extended west to the road intersections north of the West Portal Fan? <br />Please provide an updated map correcting these ditches or an explanation regarding their locations and why <br />ditch D34b would connect to ditch D52. <br />NECC: Please see revised Map 14. <br />Division: Response is sufficient. <br />12. Please advise how potential subsidence, and impacts on Containment #2, will be addressed (see Rule <br />2.05.3(4)(a)(i)D)). In addition to inspections of the pond, will this area be included in subsidence surveys? <br />NECC: Containment area No. 2 has not been undermined It is over 350 feet from the nearest completed workings <br />and will therefore not be included in subsidence surveys. <br />Division: Response is sufficient. <br />13. As per Mr. Ron Gehrke's email, MSHA cannot approve refuse piles over abandoned openings. Please provide <br />discussion of NECC plans to address the Allen Mine portal opening in order to gain approval from MSHA to <br />construct the proposed West DWDA. <br />NECC: Please see addendum to Exhibit 43 (old Exhibit 42). As previously mentioned, Exhibit 42 has been renamed <br />and will be resubmitted as Exhibit 43. <br />Division: DIVISION RESPONSE TO BE DETERMINED. <br />14. The Division has calculated a bond estimate required to regrade and seed the West DWDA footprint. The cost <br />estimate calculated by the Division totals $70,551.08 (see attached cost estimate) compared to NECC's cost <br />estimate of $104,253.16. The Division's estimate is consistent with previous cost estimates approved by both the <br />Division and NECC. If NECC wishes to use the cost estimate calculated by the Division, please submit a revised <br />estimate that matches the estimate calculated by the Division. <br />NECC: Four culverts have been added as part of this adequacy response. Exhibit 28 will be updated after DRMS <br />generates a revised estimate including the four culverts. <br />Division: DIVISION RESPONSE TO BE DETERMINED. <br />4 <br />