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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). A final Phase III bond release application (SL- <br /> 06) is now final as concurrence from the Office of Surface Mining was received by the <br /> Division on November 17, 2008. What remains under the approved permit are 1.2 acres at <br /> the reclaimed NW-1 ventilation shaft and six water monitoring sites that the operator plans to <br /> transfer by revision in the near future to the New Elk Mine permit, #C-1981-012. Ground <br /> conditions were dry and the weather was unseasonably warm and mild. <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 operator <br /> should acquire, and have on-site, some documentation that the bond for this mine is held by <br /> a third party. All other records were found in compliance as detailed on page 2a of this <br /> report. <br /> Offsite Support Facilities <br /> The NW-1 ventilation shaft site shows no changes since the last inspection. The site blends <br /> well into the hillside and shows no sign of erosion or disturbance of any kind. <br /> No issues or concerns were noted during the inspection. Overall, this reclaimed site <br /> appeared in good condition for the early winter season. <br /> 3 <br />