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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). One purpose of inspecting on this day was to <br /> attend an on-site meeting with Agapito and Associates, a consulting engineering firm from <br /> Grand Junction, Colorado. Representing Agapito were Gary Skaggs, principal; Susan <br /> Patton, senior associate; and Martin Chenoweth, staff engineer. Agapito has been retained <br /> by New Elk Coal Company to develop and permit a mine plan. <br /> Ground conditions on this day were dry and the weather was sunny and seasonable with <br /> temperatures in the mid 30's. <br /> The inspection began at the mine office where we discussed permitting and operational <br /> details regarding the initial plan being considered by Agapito. At this time, the coal resource <br /> being considered for development lies south and east of the existing mine workings. Based <br /> on annual production estimates of up to 3 million tons per year, an additional refuse disposal <br /> area will need to be permitted. We also discussed the need for another development waste <br /> disposal pile to handle mine development waste as the slope and workings are rehabilitated. <br /> Following these discussions, we toured the facilities including the West Mine, the refuse <br /> disposal area, the East Portal, and the Apache Canyon ventilation site (lower). <br /> Signs and Markers <br /> Marking of the disturbed area boundary is discussed on pages 2.05-5 to 2.05-8 of the <br /> approved permit application. The operator should ensure that the disturbed area boundaries <br /> of the two Apache Canyon ventilation shafts as shown on Figure 2-A on page 2.05-8 are <br /> marked as <br /> required by the <br /> permit and the <br /> Rules. Shown at <br /> right is the lower <br /> Apache Canyon <br /> shaft site. <br /> Roads <br /> All roads are <br /> currently classified <br /> as access roads or <br /> light—use roads. <br /> No haul roads are <br /> currently permitted <br /> at this site. Prior <br /> to the haulage of <br /> coal or coal waste, <br /> the operator will <br /> 3 <br />