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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 partial inspection conducted by Kent Gorham of the Colorado Division of <br /> Reclamation, Mining, and Safety(Division). The New Elk mine has been closed since the <br /> early 1980's and sealed since about 1989. The new operator, New Elk Coal Company LLC <br /> has plans to re-enter the underground workings for potential re-development of the Allen coal <br /> seam and possible new development of other coal resources in the immediate area Ground <br /> conditions on this day were generally dry. The weather was warm and sunny. <br /> Support Facilities <br /> :.; <br /> .11 <br /> The West Portal fan (above) was operating during the inspection. The portal seals at two of <br /> the West Mine portal openings have also been demolished. At this time, the operator does <br /> not have MSHA approval to enter the mine workings. <br /> The upper Apache Canyon intake shaft has been re-opened, as shown below. Currently, the <br /> operator has constructed and installed a temporary grate over the center of the shaft seal. A <br /> locked gate keeps unwanted parties from entering the immediate shaft area. A more <br /> permanent grate is presently being fabricated for installation at this site. Concrete rubble <br /> 3 <br />