2012-09-06_INSPECTION - C1981012

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August 23, 2012 C- 1981- 012/New Elk Mine JHB them to be within the scope of the CDOT permit. RECLAMATION SUCCESS - Rule 4.15, Rule 3: The Reference Areas were attempted to be located. Map 10- Vegetation Map, shows the locations of the reference areas. There are three approved reference areas for the New Elk Mine: Riparian Wildlife Reference Area, located north of the New Elk permit boundary and west of the C &W train shop building, the Grassland Reference area, located on the Bosque de Oso State Wildlife Area, and the Upland Wildlife Reference Area, also located on the Bosque de Oso State Wildlife Area. NECC personnel and the DRMS inspector were not able to find reference area corner posts for the Riparian Wildlife Reference area. We were close, but this site is a dense willow /riparian community along the Purgatoire River. We observed very fresh bear scat in the area and mine personnel had reported seeing bear in the area recently. We decided to locate the limits of the Riparian Reference Area later in the season when bear activity is reduced. The Grassland reference area general location was located in July 2012. NECC has not yet marked the limits of the Grassland reference area. The Upland Wildlife Area was located. Two corner posts were located. As stated in the July 2012 inspection report, this site had recently been mowed of woody species. DRMS contacted Bill Velarde of Colorado Division of Parks &Wildlife (CPW). Mr. Velarde confirmed that this mowing (hydro- axing) of the shrub and tree component was likely conducted under CPW control. This management of the Upland Wildlife Reference area is compatible with CPW long tenn goals for this community. The approved Upland Wildlife Reference Area will continue to be acceptable for reclamation success comparisons for the New Elk Mine. SUPPORT FACILITIES - Rule 4.04: NECC discussed permitting a parking area adjacent to the substation south of the warehouse /office building. NECC has not yet submitted a revision for enlargement of this area. The inspector told NECC representative that as long as they stay within previously approved disturbance area boundary, do not cut beyond the previously approved southern bank limit, do not realign or disturb existing approved culverts or ditches they could work in this area prior to submitting a revision. An electrical ground grid is located in this location, so NECC will not excavate, but will grade the area level. SIGNS AND MARKERS — Rule 4.02: The Mine ID sign has been removed from the north side of Highway 12 at the intersection of the RDA access road and State highway 12. NECC needs to immediately replace the Mine ID sign and assure that includes all information required by Rule 430.1(3). Please assure that mine identification signs are maintained at all entrances from public roads in accordance with Rule 4.02.2. TOPSOIL — Rule 4.06 Removal 4.06.2, Substitute Materials 4.06.4(4); Storage and Protection 4.063; Redistribution 4.06.4: The small topsoil stockpile has been added to the large topsoil stockpile, shaped and the berm intact. The recent Number of Partial Inspection this Fiscal Year: 2 Number of Complete Inspections this Fiscal Year: 0 Page 4 of 8