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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 underground mine continues preparations <br /> for possible re-entry into the mine and development of identified coal resources. Ground <br /> conditions on this day were variable due to mud and snow. The weather was slightly <br /> overcast with moderate temperatures in the mid low 40's, with a significant storm expected <br /> within 12 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 /> Signs and Markers <br /> Disturbed area markers consisting of white PVC pipe, have been established around the <br /> disturbed perimeter at the upper and lower Apache Canyon shafts as required, shown <br /> respectively below. <br /> Hydrologic Balance <br /> Pond 7 remains full and was frozen. The outlet gate was closed. Of the five containments, <br /> only the conveyor containments held any amount of water. Pond 8 at the RDA held some <br /> water but was at least ten feet below the lowest discharge point. Pond 4 which treats runoff <br /> from the development waste pile held only a small amount of water in the southeast comer <br /> indicating that any snowmelt appears to have been gradual, limiting surface runoff. <br /> 3 <br />