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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. This former surface mine is reclaimed with <br />activities generally focused on monitoring and maintenance. Heavy fog blanketed the site on <br />this day. Temperatures were below freezing, causing ice to form on vegetation. Ground <br />conditions were passable and the area was traversed on foot. <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. All records were found in compliance <br />as detailed on page 2a of this report. Quarterly reporting was not current through the third <br />quarter as some of the reports are at the engineer's office for certification. <br />Hydrologic Balance <br />Sediment ponds 6, 7, 8, 9, and 9a were visited. Access to pond 5 was poor due to <br />conditions and this pond was not visited. Most ponds were dry or held only small amounts of <br />water. The Division suggests that the "rock farm" area at pond 6 be regraded after possibly <br />harvesting a stockpile of riprap for any future needs. All ponds appeared in good condition <br />with no concerns noted. <br />Reclamation Success <br />Since the last inspection, the operator has completed many of the repair activities necessary <br />following heavy rains in the past summer months. Rills and gullies developed in some areas <br />of reclamation, especially in the center saddle area and the steeper western slopes. Some <br />downcutting occurred above Pond 6 and over time, erosion had occurred above pond 9 as <br />the runoff was directed down a steep slope and under a pre-existing gas road. Portions of <br />the six downdrains that flank the three excess spoil fills had also incurred some damage from <br />various storm events. Work completed is as follows; <br />• Main ditch and side ditch above Pond 6, check dams installed and straw bales as <br />needed <br />• Fill 7 downdrains repaired as needed <br />• Saddle area rill and gully repair in reclaimed area <br />• West side ditch into the west downdrain at Fill 8 repaired <br />• Riprap ditch above Pond 9 and gas road repaired <br />• Fill 9 side ditch regraded <br />Some hand work remains to be completed. Smaller rills and gullies may be mitigated using <br />less invasive tactics such as bales or wattles as necessary. Headwater areas where the <br />larger gullies were repaired should be bermed using bales to prevent future headcutting and <br />3