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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). This mine site has <br />completed reclamation of disturbed areas, excluding ditches and sediment ponds. Ground <br />conditions were muddy on the afternoon of the first day but much improved 24 hours later <br />following clearing skies. The mine site has received abundant rainfall this summer, some <br />apparently occurring as high intensity storm events. Al Weaver of New Elk Coal Company <br />was present on the second day of the inspection. <br />Hydrologic Balance <br />Rills and gullies have developed due to intense rainfall since the last inspection. Steep slope <br />areas in nearly all portions of the reclaimed area show minor to moderate rill and gully <br />development. Repair and mitigation is necessary using alternative sediment control methods <br />as discussed in the approved permit on pages 2.05-63 to 2.05-69. Reducing the length of <br />slope subject to concentrated runoff will be critical to control future development of gullies <br />and allow vegetation to become established to the extent necessary to control erosion. All <br />steep slope areas with the possible exception of the easting facing slopes of areas E-1 and <br />E-2 as shown on the 2008 Annual Reclamation Report map require length of slope reduction <br />measures using wattles, straw bales, contour furrows, or other methods as appropriate. <br />Significant gullies will require repair in areas W-5, W-6, N-3, N-4, and area C-1 east of the <br />area of repairs conducted in the last few years. <br />Sediment control ditches and rock downdrains also require maintenance and cleanout site- <br />wide to ensure future function. In particular, the permanent drainage to Pond 6 will require <br />restoration of straw dikes or possibly riprap check dams to avoid future damage until <br />vegetation becomes established. The sediment ditch on the north side of the center core <br />area has filled with sediment, on both the west and east ends of area N-2. While this runoff <br />continues to report to sediment ponds below, to prevent future gully development, this ditch <br />needs cleanout of deposited sediment to restore design function. <br />Most ponds including Pond 6, Pond 9, Pond 9a, and Pond 8 held modest amounts of water <br />but none were discharging. Water resident in the pond was heavy in suspended material. <br />Sediment markers have been reset as requested in previous inspections and were observed <br />in Pond 6 and Pond 8. Sediment had been cleaned from Pond 8 and stockpiled in area C-1 <br />for use in rill and gully repair. This material requires testing to demonstrate suitability for use <br />in reclamation and revegetation efforts. <br />Topsoil <br />A small pile of topsoil exists in area W-5. The operator should use this material during rill and <br />gully repair operations this field season. If it cannot be used, it should be marked and <br />identified as topsoil. <br />3