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III. COMMENTS -COMPLIANCE <br /> Below are comments on the inspection. The comments include discussion of observations made during <br /> the inspection. Comments also describe any enforcement actions taken during the inspection and the <br /> facts or evidence supporting the enforcement action. <br /> This was a partial inspection conducted by Janet Binns of Colorado Division of Reclamation, Mining <br /> and Safety. Mr. Ron Thompson of Peak Project Management (representing the operator) accompanied <br /> the inspection. The weather was hot and dry. The mine is an underground mine. New Elk Coal <br /> Company is not actively mining coal, however,activities continue on the ground as the operator grades <br /> and reclaims unused facilities. <br /> Roads: Roads within the permit area are in good condition. No large erosional features were noted on <br /> the roadways. <br /> Hydrologic Balance: Pond 8 at the toe of the RDA was holding water but was not discharging. Water <br /> level was approximately I foot below the discharge elevation. Pond 7 was holding water but was not <br /> discharging. The sediment marker in Pond 7 has been knocked over and needs resetting. There is a <br /> small delta at the inlet of pond 7 but the appears to have considerable storage capacity still. <br /> Ditches throughout the mine side and RDA were in good condition. <br /> Processing Waste: The vegetative cover on the south facing outslope of the RDA is stable and well <br /> established. The operator has re-established the ditch at the top bench to direct runoff to the permanent <br /> east and west drainages. (see photos below). This re-established ditch is approximately I foot to 20" <br /> deep. Waste material that spill over the face of the pile has been either raked or shoveled back into the <br /> active area of the pile. This repair is acceptable for the abatement of NOV CV-2998-005. A <br /> Termination Notice for CV-2008-005 was issued during the inspection. The west permanent drainage <br /> has a sediment trap at the top of the slope to slow runoff velocity. This trap has been cleaned of <br /> sediment. <br /> New Elk RDA top ditch looking eastward......._.__............................-New Elk RDA top ditch looking south <br /> 3 of 6 WHITE-File YELLOW-Operator PINK-Specialist <br />