INSPEC43633

• Permit No: C1981012
• IBM Index Class Name: Inspection
• Doc Name: Inspection Report
• Inspection Date: 4/3/2007
• Media Type: D
• Archive: No

III. COMMENTS -COMPLIANCE
Below are comments on the inspection. The comments include discussion of observations made
during the inspection. Comments also describe any enforcement actions taken during the inspection
and the facts or evidence supporting the enforcement action.
This was an Office of Surface Mining (OSM) Oversight/Special Focus inspection conducted
by Kent Gorham of the Colorado Division of Reclamation, Mining, and Safety (Division).
Henry Austin represented the OSM. Ron Thompson of Peak Project Management
represented the current permittee, Picketwire Processing. A proposed decision to approve
transfer of the permit from Picketwire Processing to New Elk Coal Company was issued on
March 21, 2007 and is currently in the 30 day public comment period. Ground conditions on
this day were dry and the weather was mild and breezy.
The Special Focus Topics for this inspection are a) prevention of offsite impacts from
recently regraded lands (past evaluation year) and b) reclamation success, compliance with
the post mining topography in the Division approved mining and reclamation plan.
For the New Elk Mine, lands at the West mine qualify for evaluation under both a) and b).
Structure demolition and regrading, topsoiling, and seeding and mulching occurred during
the Evaluation Year for 2006 (EY 2006). Lands reclaimed in 2003 at the SW coal stockpile,
the development waste pile, pond 5 and the area east of pond 5 qualify under part b) only.
The inspection began along an access road near the entrance gate to the mine. Following
introductions, the three parties proceeded to the West Mine to review maps and documents
from the approved permit. Maps reviewed included;
Map 14, Sediment and Surtace Water Control Plan, West Portal
Map 16, Surface Disturbance/Post Mining Land Use, West Portal
Map 17, Post Mining Topography and Cross Sections
Applicable permit text include pages 2.04-1 to 2.04-4, 2.05-1 to 2.05-8A, and 2.05-44a to
2.05-47b.
The group reviewed the maps and approved permit text. We reviewed how the sediment
control system was implemented in relation to the permanent drainage following the
regrading of areas at the West Mine. This reclamation work was completed and reported
during the second half of 2006 and reported in the 2006 Annual Reclamation Report.
Generally, the areas regraded during that time were Warehouse #1, West Portal garage,
hoist house, trolley yard, pumphouse and access road, powder and cap house and access
road, and the corehouse. These areas are labeled and shown on the map titled Annual
Reclamation Report 2006, West Portal Area. Following review of maps and permit text, the
group traversed regraded areas on foot. Generally, the topography of this area is a series of
benches and slopes bisected by the permanent access road. The West Mine area is a pre-
law area, constructed in many places using development waste from the Allen Mine that was
initially developed in the early 1950's. The mine committed to reclaim this area to a
rangeland use. Generally, the topography is regraded to blend into the surrounding
undisturbed areas and topsoil is re-applied to a depth of four inches on areas that consist of
old refuse or underground development waste. Areas that were disturbed but are on natural
soils are ripped then re-seeded. A topsoil borrow area was permitted for the West Mine and