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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 dry and the <br />weather was hot and windy. <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 />manager for NECC, was present during the records inspection. All records were found in <br />compliance as detailed on page 2a of this report. <br />Hydrologic Balance <br />With the exception of Pond 5, which held a moderate amount of water, all ponds at the site <br />are now dry. The operator should ensure that sediment markers are reset and properly <br />marked while ponds are accessible. Weir boxes should also be leveled as well to ensure <br />accurate flow measurement should discharge occur. <br />Pond spillway systems appear normal and proper function appears likely given the current <br />condition. The inlet ditch to pond 6 is showing some signs of successful function but each <br />structure should be increased in width by at least two straw bale lengths (one on each side). <br />This will result in flow through the v-notch formed by the bales and prevent flow around the <br />structures. Evidence suggests some flow has occurred around the bale structures but has <br />not caused damage at this time. <br />3