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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). Al Weaver of New Elk Coal Company was <br />present during the inspection. The site continues to be busy with workers and contractors, <br />mainly focused on infrastructure modifications and improvements. Ground conditions were <br />dry and the weather was clear and warm. <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, and All Weaver of NECC were present during the records inspection. All <br />records were found in compliance as detailed on page 2a of this report. <br />Signs and Markers <br />Mine ownership signage has been updated at pond 8 and at the south gate across from pond <br />8 as requested and documented by the Division during the July inspection. <br />Hydrologic Balance <br />A contractor was dismantling one of the water tanks and loading pieces onto a flat bed truck <br />for removal from the site. A revision to the permit (TR-54) which proposes adding numerous <br />facilities, including a 400,000 gallon water tank, is currently being reviewed by the Division. <br />The water tank facility area is a small area exemption and runoff from this area does not <br />report to a sediment pond. NECC should ensure that during construction activities, a <br />combination of temporary measures including berms, upslope diversion, straw bales, or silt <br />fence to control sediment are employed until such a time that the SAE measures of gravel <br />and vegetation can be established upon completion of construction activities. <br />Pond 7 is full nearly to the top <br />of the perforated riser. Only <br />the very top 6 inches of the <br />primary riser is above the <br />water surface. Pond 7 uses a <br />gate on the outlet to retain flow <br />until it can be manually <br />discharged. The outlet gate <br />remains closed. Water in the <br />pond appears to be heavy in <br />suspended solids. The <br />operator should review page <br />2.05-10a of the approved <br />permit and achieve the <br />required pond water elevation <br />prior to the next State <br />inspection.