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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). Vince Massaroti of New Elk Coal Company <br />(NECC) was present during the field inspection. Rehabilitation activities continue with the <br />goal of re-opening the East Portal to access coal reserves to the south and east. The <br />weather was cold and extremely windy, with gusts approaching 50 miles per hour, due to an <br />advancing cold front. Ground conditions were dry. <br />Availability of Records <br />The public copy of the mine records is maintained at the New Elk Coal Company office, <br />located at 122 West First Street, Trinidad CO, 81082, phone 719-845-0090. Ron Thompson <br />of NECC was present during the records inspection. Weekly MSHA pond inspections are <br />kept at the mine office at the site. The weekly inspections were found current through <br />December 16, 2010. All records were found in compliance as detailed on page 2a of this <br />report. <br />Signs and Markers <br />The operator marks the surface disturbance boundary as shown on approved permit maps. <br />Recent updates to Map 11 indicate slight changes in that boundary where the railroad track <br />bisects the disturbed area have been made. Boundary markers were found at key locations <br />along the river but have yet to be painted for better visibility. Markers in the area of Pond 4 <br />are located closer to Pond 4 than what the map reflects. The operator should ensure that <br />corners and areas close to the Purgatoire River are clearly and adequately marked with <br />markers prior to the next State complete inspection. Additional markers are necessary, <br />especially adjacent to high traffic areas. Entry signs were found in compliance with Rule <br />4.02. <br />Roads <br />Haul roads and access roads at the site were found in excellent condition. Dry weather has <br />prevailed throughout the fall season. A water truck was noted watering roads during windy <br />conditions on the afternoon of December 20, 2010. The access road to the RDA was found <br />in good condition. <br />Hydrologic Balance <br />Ditches and culverts were inspected throughout the site. Changes in the interior drainage <br />system have been necessary due to grading in and around the East Portal area. The <br />operator should consider a site-wide review of the drainage control plan as facilities are <br />added from approved revisions like Technical Revision No. 54. Straw bales could be added <br />to ditch 10 immediately upstream of the outlet of culvert C7 to treat runoff from the <br />Development Waste Pile SAE. Ditches and culverts along the river were found in good <br />condition. Straw bales used as alternative sediment control were noted at the refuse