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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the inspection <br />and the facts or evidence supporting the enforcement action. <br />This was a complete inspection conducted by Kent Gorham of the Colorado Division of <br />Reclamation, Mining, and Safety (Division). This processing and loadout site has been <br />inactive since June 2001 after the closure of the Lorencito Mine (#C-96-084). An application <br />for transfer the permit was approved since the last inspection and is currently in the public <br />comment period. The new permittee is New Elk Coal Company, LLC. The weather was cool <br />with warming temperatures during the day. Ground conditions on this day were snow- <br />covered on all but south-facing slopes. <br />Availability of Records <br />The public copy of the mine records is kept at the office of Peak Project Management (PPM). <br />The contact, address, and phone number for PPM is Ron Thompson, Peak Project <br />Management, 34115 County Road 20.8, Trinidad, CO 81082, 719-846-4975. The public <br />liability insurance expires February 7, 2007. Records were found in compliance as detailed <br />on page 2a of this report. <br />Roads <br />Roads were snow-covered and no evidence of vehicle traffic was noted past the main gate. <br />Hydrologic Balance <br />Pond 8 was frozen and snow-covered with a water level at least six feet below the lowest <br />discharge point. This pond has a large, concrete lining emergency spillway that is in <br />excellent condition showing no signs of significant cracking or deterioration. Pond 7 was also <br />frozen and holding water only in the east end near the outlet. Pond 4 was snow-covered and <br />a small amount of water is frozen in the southeast portion of the basin. Containments site- <br />wide were dry and snow-covered. Perimeter ditches along the river were checked and found <br />in good condition with no evidence of breaching or damage. Culverts were clear and <br />appeared functional. <br />Processing Waste <br />Runoff from the Refuse Disposal Area (RDA) is controlled by a 100-year diversion ditch that <br />leads to riprap downdrains on the east and west side of this valley fill configuration. <br />Additional benching, terracing, and culverts divert surface flow to pond 8 for treatment prior <br />to leaving the site. Runoff from the east side of the RDA conveyor enters the NW <br />containment, which is sized to hold the 25-year storm event. The operator should ensure <br />that flows from the conveyor access road on the east side of the RDA conveyor stay on the <br />west side of this road before making the sharp turn under the conveyor and head west to the <br />NW containment. <br />