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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). Ron Thompson and Al Weaver of New Elk Coal <br />Company were present during the records inspection. All that remains within the small <br />permit area are 1.2 acres at the NW-1 ventilation shaft, seeded and mulched in late 2004. <br />The gate to the gas road remains locked where the entry signs are posted. The weather <br />was clear and warm with dry ground conditions. <br />Availability of Records <br />The public copy of the mine records is now kept at the New Elk Coal Company office, <br />located at 122 West First Street, Trinidad CO, 81082, phone 719-845-0090. All records <br />were found in compliance as detailed on page 2a of this report. <br />Revegetation <br />The site remains essentially unchanged from the previous month's inspection. Nothing <br />unusual or unexpected was observed. Vegetative cover appears sufficient to control <br />erosion. No evidence of livestock grazing was noted. <br />3