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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). Al Weaver of New Elk Coal Company (NECC) <br />was present during the field inspection. This former surface mine is reclaimed with activities <br />generally focused on monitoring and maintenance. Ground conditions were very dry and <br />the weather was mild and windy. <br />Availability of Records <br />The public copy of the mine records is kept at the New Elk Coal Company (NECC) 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. NECC has recently changed public <br />liability insurance and did not have a copy of the insurance certificate available. A valid <br />certificate of insurance in the amount of $4 million for each occurrence was received via <br />email on April 5, 2011 at the Division office. This certificate replaced the previous insurance <br />effective September 23, 2010 and expires September 23, 2011. All other records were <br />found in compliance as detailed on page 2a of this report. <br />Hydrologic Balance <br />Sediment ponds 6, 7, 8, 9, and 9a were visited. Pond 5 held only a small amount of water <br />and was not discharging. All other ponds were dry. All ponds appeared in good condition <br />with no concerns noted. Straw bales should be added to the SAE at the topsoil borrow area <br />where to small access to that area exists. The SAE on the east end of the disturbance <br />appeared in good condition with two levels of straw bales intact and functional. <br />Revegetation <br />Ground conditions are extremely dry due to a regional drought that has developed over the <br />course of the winter and early spring. Some new growth has occurred but additional <br />moisture would be very beneficial in the very near future. Knapweed was not observed but <br />has been previously observed on many reclaimed areas and should be identified and <br />sprayed as weather conditions allow prior to flowering and reproduction. <br />Development Waste <br />All three development waste piles were traversed on foot and found in good condition with no <br />sign of slumps, slides, or damage of any kind. Vegetation and terrace benching of the <br />slopes appears to do a good job of preventing significant rills and gullies from developing on <br />the slopes. <br />The site is basically unchanged from the previous inspection. The operator should ensure <br />that work as noted previously be completed this field season.