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July 23, 2013 C- 1981- 012/New Elk Mine LDS <br />office where the mining and reclamation permit is filed <br />Rule 4.02.3 discusses perimeter markers:... in the case of underground mining activities, the perimeter of <br />all areas affected by surface operations or facilities, shall be clearly marked before the beginning of surface coal <br />mining operations <br />Rule 4.02.5 discusses Stream Buffer Zone markers: Buffer zones established under the provisions of <br />4.05.18 shall be clearly marked <br />Rule 4.02.7 discusses topsoil markers: Where topsoil or other vegetation- supporting material is <br />segregated and stockpiled as required under 4.06.3, the stockpiled material shall be clearly marked <br />Signs and markers have been mentioned in several recent inspection reports, NECC should ensure that <br />all mine ID signs, disturbed area boundary markers, stream buffer zone markers and topsoil stockpile <br />markers are in place and in full compliance. <br />OFFSITE SUPPORT FACILIITES - Rule 4.04,4.28: <br />The Jansen Load -out was inspected on Wednesday, July 24, 2013. Virtually all the coal had been shipped <br />from the site. No weeds or non -coal waste were observed. The berm was intact. Boundary markers were in place. <br />Both sumps were clear and well defined. Some dead thistles were observed - the weed spraying program has been <br />effective and should be continued. A little coal had spilled over the concrete retaining wall. The gate had been <br />damaged. The coal should be cleared up and the gate should be repaired. <br />The Apache Canyon airshafts were also inspected on Wednesday, July 24, 2013. The phone number on <br />the mine ID sign at the second airshaft was updated during the inspection, but is only a temporary solution. The <br />hole that was identified at the base of the concrete pad, near a small tree, in the inspection report of April 29, 2013, <br />was filled during the inspection. A single Houndstongue plant was observed and removed. <br />Offsite monitoring wells were also inspected on Wednesday, July 24, 2013. No recent disturbance was <br />observed. <br />TOPSOIL — Rule 4.06 <br />Removal 4.06.2; Substitute Materials 4.06.4(4); Storage and Protection 4.06.3; Redistribution 4.06.4: <br />As noted in the inspection report of April 29, 2013, the topsoil stockpile shown on the 7/25/2012 version <br />of map 14 does not exist and may not be constructed. Also, a second topsoil stockpile, in the area of containments <br />1 and 2 is not shown on map 14. The map should be updated accordingly. Also, the sign on the second pile <br />should be replaced. <br />A small pile of topsoil on the SAE between the highway and the river, west of the RDA conveyor, <br />should either be marked or moved to one of the other stockpiles. <br />The piles in the main soil stockpile area were well defined and signposted. The piles will be hydro - <br />mulched again in the autumn. <br />Number of Partial Inspection this Fiscal Year: 0 <br />Number of Complete Inspections this Fiscal Year: 1 <br />Page 12 of 29 <br />