_INSPECTION - C1981012 ‎(38)‎

• Permit No: C1981012
• IBM Index Class Name: INSPECTION
• Doc Name: Inspection Report
• From: DRMS
• To: New Elk Coal Co
• Inspection Date: 3/30/2011
• Email Name: KAG
• Media Type: D
• Archive: No

III. COMMENTS - COMPLIANCE
Below are comments on the inspection. The comments include discussion of observations made
during the inspection. Comments also describe any enforcement actions taken during the inspection
and the facts or evidence supporting the enforcement action.
This was a complete inspection conducted by Kent Gorham of the Colorado Division of
Reclamation, Mining, and Safety. Al Weaver of New Elk Coal Company (NECC) was present
during the field inspection. Ground conditions were excellent and the weather was mild but
windy. Measureable coal production is now underway, with coal and development waste being
mined in the Apache coal seam in the vicinity of the East Portal slope bottom. The operator is
mining easterly for a short distance and then will turn and move in a northwesterly direction to
connect with the East Portal ventilation fan. At this time, coal is being stockpiled in the raw coal
stockpile for future washing in the prep plant.
Availability of Records
The public copy of the mine records is kept at the New Elk Coal Company (NECC) office,
located at 122 West First Street, Trinidad CO, 81082, phone [phone]. Ron Thompson of
NECC was present during the records inspection. NECC has recently changed public liability
insurance and did not have a copy of the insurance certificate available. A valid certificate of
insurance in the amount of$4 million for each occurrence was received via email on April 5,
2011 at the Division office. This certificate replaced the previous insurance effective September
23, 2010 and expires September 23, 2011. All other records were found in compliance as
detailed on page 2a of this report.
Signs and Markers
Mine identifications signs, disturbed area markers, and permit boundary markers are required
at the recently approved coal loadout. A traverse of the entire surface disturbed area
boundary at the mine site found a few areas where markers need additional paint and other
locations where additional markers should be established and/or moved slightly to clearly
define the surface disturbance boundary as shown on Map 11, East Portal Facilities. Please
also refer to the February 2011 inspection for notations with regard to signs and markers. Mine
identification signs should also be established where Highway 12 bisects the New Elk permit
boundary. Entry signs at the mine site were found in compliance with Rule 4.02. Changes,
additions, and upgrades to signs and markers shall be established in all areas by the next State
inspection.
Roads
Roads continue to be improved site-wide now that the proper equipment for maintenance is
available on a daily basis. Road watering was observed, especially where coal haulage is
occurring. Roads were found in excellent condition.
Hydrologic Balance
Pond 7 was full to immediately below the second set of holes on the primary riser. Pond 001,
the mine dewatering pond, is in the process of being lined with a synthetic liner. Preparation of
the liner surface was ongoing. Mine water is not being discharged to the surface. All five
containments at the site were dry and had significant capacity as compared to the design.
Pond 4 held only a small amount of water. Pond 8 at the RDA had receded considerably from
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