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III. COMMENTS - COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations <br />made during the inspection. Comments also describe any enforcement actions taken during <br />the inspection and the facts or evidence supporting the enforcement action. <br />This was a complete inspection conducted by Kent Gorham of the Colorado Division <br />of Mineralls and Geology. Ron Thompson of Peak Project Management represented the <br />operator, ~Picketwire Processing, LLC during the inspection. This former <br />underground mine is permitted to process coal from the nearby Lorencito Coal mine <br />(#C-96-084,). Due to economic conditions. the Lorencito Canyon mine has not <br />commenced operations at this time and the New Elk mine remains in temporary <br />cessation until coal is produced. Underground mining ceased at the New Elk mine <br />in the late 1980's and processing of coal from the Golden Eagle mine (#C-81-013) <br />ceased in March of 1996. Activities at the New Elk mine consist mainly of <br />monitoring and maintenance during temporary cessation. The weather was <br />comfortable and mild. Ground conditions were excellent and access to all areas <br />was good. <br />Availability of Records <br />The public copy of the mine records is kept at the Tri-state Railyard office <br />located along Highway 12 on the west side of Trinidad. Records were inspected at <br />the office and found in compliance as detailed on page 2a of this report. The <br />Division noted that the current NPDES permit is due to expire August 1, 2001. The <br />operator should ensure that the renewal process is underway prior to expiration of <br />the permit',. Also, the public copy of the permit application should be updated <br />with the approved pages of Minor Revision #83 (MR-83) removing Al Perry from <br />ownership... <br />Hydrologic~Balance <br />All ponds and containments at the site appeared in good condition. There are 5 <br />containments at the site and they were found dry or holding small puddles of <br />water. Pond 4 held a small amount of water. Pond 5 was noted as dry, as was pond <br />6. Pond 7~held water but it was some 6-12" below the lowest set of holes in the <br />primary riser. Spillways at all ponds appeared in good condition. Pond 8 (RDA) <br />held water but the water level was 2-3 feet below the outlet. Some recent <br />sedimentation has caused the re-development of sediment deltas in pond 8. Some <br />erosion was noted where the occasional flow from the primary riser meets the <br />concrete emergency spillway. This area should be repaired in the near future to <br />prevent these flows from undercutting the emergency spillway south of the <br />embankment. <br />Ditches and culverts around the site appear to be functioning as designed. Clean <br />water diversions from the West mine going east to the vivinity of the core <br />warehouse were found in good condition. No evidence of uncontrolled runoff was <br />noted. <br />3 <br />