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as shown on the Southfield Mine Map as revised 12/15/00. Between points A and B Newlin Creek has a <br />grade of -0.08% for a distance of 69.4 ft. <br />We have compared the Newlin Creek profile with the Southfield Mine Area Surface and Groundwater <br />Hydrology Map 12, which is the only known source of surface topography information prior to the <br />underground mining. While the contour interval is 5 ft., it is noted that Energy has relied on this map for <br />such purposes as establishing the elevation of the MWNW. The area of concern of possible Newlin <br />Creek subsidence is above the 1' /z North Panel which has a face date of 1/11/1996. The creek crosses <br />this panel for a distance of about 400 ft. Map 12 shows the contour lines to be almost equidistant 125 <br />ft. apart horizontally for a grade of approximately 4 %. Map 12 is of sufficient definition to show that <br />the flow line profile of today was not possible prior to the underground mining when Map 12 was <br />generated on 11/10/89; there are no sufficiently greater grades in this vicinity in order to offset the - <br />0.08% grade to result in map average 4% in this area. <br />NEWLIN CREEK FLOW <br />According to the Southfield Annual Hydrology Report Newlin Creek has historically disappeared into <br />the ground. We believe that the amount of flow disappearing has greatly increased in the last three or <br />four years. With no way to quantify our observations we would call attention to Energy's reported data <br />as reported in the Annual Hydrology Report. Since 1999 the flows of Newlin Creek during the second <br />quarter of the respective years are: <br />NEWLIN CREEK FLOW, CFS <br />Year <br />NC2(upper) <br />NC1(lower) <br />1999 <br />10.5 <br />9.5 <br />2000 <br />2.4 <br />1.6 <br />2004 <br />7.8 <br />7.8 <br />2005 <br />12.4 <br />12.6 <br />2007 <br />10.8 <br />10.7 <br />2009 <br />2.1 <br />0.001 <br />2010 <br />1.2 <br />0.63 <br />There was no flow at the lower monitoring point for the years not included. Since 1999 there was little <br />difference in the amount of flow until 2009 when very little of the flow reached the NC1 monitoring <br />point. Energy's own annual hydrology reports confirm our contention that flow is being lost before it <br />reaches NC1. With regard to the flow in 2012, there are a few records. On March 27, 2012, the DRMS <br />inspection report shows Newlin Creek flow to be 5 ft. wide and 4 in. deep at a point just downstream <br />from NC2. According to the Annual Hydrology reports on April 2, 2012, and June 6, 2011, there was no <br />flow at NC2, and Table 9 lists no flow at NC2. However, according to George Patterson's hand written <br />notes on EFCI Surface Water Field Data sheets there was flow with less than 1 in. of water at NC2 on <br />April 2, 2012, and slight flow on June 61 2011. On April 5, 2012, there was a water depth of 2 in. at NC2, <br />and George's Field Data sheet shows an estimate of 0.8 cfs flow. This is the only record of flow at NC2 <br />for 2012 in the Field Data Sheet with all of the other water depth measurements recorded for flow at <br />