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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 an aerial inspection flown by Harry Ranney of the Colorado Division of <br />Reclamation, Mining, and Safety (Division) on December 18, 2009. Kent Gorham reviewed <br />oblique aerial photographs in the office on December 29, 2009. The New Elk mine has been <br />closed since the early 1980's. The mine is currently being ventilated. The new operator, <br />New Elk Coal Company LLC, has plans to re-enter the underground workings for potential <br />re-development of the Allen coal seam and possible new development of other coal <br />resources in the immediate area Patchy snow-cover was observed, mostly in shaded or <br />north-facing area. Overcast skies were evident due to limited ground shadows, resulting in <br />only average quality photographs. <br />Hydrologic Balance <br />The operator continues to clean sediment from pond 8 (shown below). An excavator and <br />haul truck can be seen on this day working. Material removed from the pond is being <br />stockpiled and dried at a former coal stockpile area to the south of Highway 12 within the <br />facility disturbed area. <br />Pond 001 appears to be nearly full and mostly frozen, except at the east end of the pond <br />(shown below at left side of photo) where any pumped mine water would initially enter the <br />pond. This may indicate some discharge to the pond in the recent past.