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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 and Dan Hernandez of the <br />Colorado Division of Reclamation, Mining, and Safety (Division). Al Weaver and Vince <br />Massaroti of New Elk Coal Company were present during the inspection. The site continues <br />to be busy with workers and contractors, mainly focused on infrastructure modifications and <br />improvements. Ground conditions on the 23rd were wet and muddy in the morning but dry by <br />afternoon and excellent on the 24th. Documents hand carried to the DRMS office include PR- <br />2 completeness response and MR-93 completeness response. <br />Signs and Markers <br />The operator continues to rehabilitate disturbed area markers. Markers were not obvious at <br />the water tank area and should be re-painted or replaced as necessary in accordance with <br />the disturbance boundary as shown on Map 15. Markers are also required south and east of <br />the prep plant to mark the railroad corridor, which may prove difficult given the construction <br />activity in this area. The operator may want to revisit the idea of excluding the railroad <br />corridor from the general mine disturbance given the physical difficulties of marking and <br />maintaining this narrow corridor. <br />Hydrologic Balance <br />The road to the east portal water tanks has been regraded and improved in preparation for <br />future installation of a large water tank. The water tank facility area is a small area exemption <br />and runoff from this area does not report to a sediment pond (shown below right). Approved <br />permit design <br />information <br />requires a <br />combination of <br />gravel and <br />vegetation to treat <br />storm runoff from <br />this area. During <br />future construction <br />activities, the <br />operator will need <br />to use a <br />combination of <br />temporary <br />measures including <br />berms, upslope <br />diversion, straw <br />bales, or silt fence <br />to control sediment <br />until such a time <br />that the gravel and <br />vegetation can be <br />established.