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EXHIBIT 26 <br />NEW ELK COAL COMPANY <br />SURFACE BLASTING PLAN <br />Each person who conducts surface blasting activities shall comply with all applicable <br />State and Federal laws in the use of explosives and requirements of DRMS Rule <br />4.08 in consultation with appropriate State agencies. <br />(a) A surface blasting plan is required for the construction of the Bates Portal, <br />refuse disposal area or other mine facilities. The blasting plan follows: <br />(a)(i) This surface blasting plan is intended to apply to the construction of the <br />surface facilities and to isolated events when blasting is required to be <br />performed on the surface which is considered incident to underground mining <br />activities. The blasting requirements for the surface facilities construction will <br />be conducted for the Bates Portal face -up area, and other areas. Isolated <br />basting events will typically be limited to the excavation of rock to facilitate <br />miscellaneous construction activities. <br />Ammonium Nitrate - Fuel Oil Solution or ANFO will be the primary blasting <br />agent used for the Bates Portal face -up. The amount of ANFO required will <br />vary with rock type but should range from 0.5 to 1.5 pounds per bank cubic <br />yard. ANFO and or dynamite will be used for isolated blasting events. <br />(a)(ii) The Operator will keep a record of each blast, including seismograph reports if <br />applicable, and such records will be retained for at least 3 years and shall be <br />available for inspection by the Division and by the public on request. Each <br />blast record will contain the following data: <br />(a)(ii)(1) Name of the Operator; <br />(a)(ii)(2) Location, date, and time of blast; <br />(a)(ii)(3) Name signature and license number of blaster -in- charge; <br />(a)(ii)(4) Identification, direction and distance, in feet, from the nearest blast hole <br />to the nearest structure, dwelling, public building, school, church, <br />community or institutional building either; <br />(a) Not located in the permit area; or <br />(b) Not owned or leased by the person who conducts the surface <br />coal mining operations. <br />TR -57 Exh 26 -1 04/11 <br />