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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). This mine site has completed reclamation of <br />disturbed areas, excluding ditches and sediment ponds. Ground conditions were highly <br />variable as the site has received abundant snowfall this winter. South-facing areas were <br />generally free of snow but were muddy, with north-facing slopes mostly snow-covered. <br />Access was limited to foot travel due to poor conditions. Temperatures were moderate on <br />this day with more snow expected within the next 24 hours. <br />Availability of Records <br />The public copy of the mine records is kept at the New Elk Coal Company (NECC) office <br />located at 122 West First Street, Trinidad CO, 81082, 719-845-0090. Ron Thompson, mine <br />superintendent for NECC, was present during the records inspection. The copy of the public <br />insurance certificate on file had expired on February 8, 2010. On March 26, 2010, the <br />Division received via email communications a valid copy of the public liability insurance <br />certificate indicating continuous and uninterrupted coverage until February 8, 2011 in the <br />amount of $1 million dollars. All records were found in compliance as detailed on page 2a of <br />this report. <br />Hydrologic Balance <br />All ponds were observed. Pond 5 held a moderate amount of water and was discharging <br />slightly. The discharge was clear. The sediment marker was found on the pond <br />embankment awaiting installation. Please ensure all sediment markers for all ponds are <br />installed as soon as ground <br />conditions allow. Pond 9a <br />was also holding a modest <br />amount of water, indicating <br />that the diversion of flow from <br />the eastern reclaimed area <br />has been somewhat <br />successful in reducing runoff <br />to Pond 9 on the north side of <br />the disturbed area. <br />Straw bales appear to be <br />functioning well above Pond 6 <br />as shown at right and below. <br />The operator should add a <br />bale at each side of the <br />existing structures to ensure <br />flows pass over the v-notch in <br />the bales rather than around <br />the side of the structures. <br />3