_INSPECTION - C1981013 ‎(44)‎

• Permit No: C1981013
• IBM Index Class Name: INSPECTION
• Doc Name: Inspection Report
• From: DRMS
• To: New Elk Coal CO LLC
• Inspection Date: 6/8/2011
• 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 partial inspection conducted by Kent Gorham of the Colorado Division of
Reclamation, Mining, and Safety (Division). The inspection was conducted jointly with
representatives of the Office of Surface Mining (OSM) for the purposes of conducting a
special focus inspection as required by the Oversight Evaluation Year EY2011 Plan (the
plan). Representing the OSM were Howard Strand and Christina Hulsman. Ron Thompson,
Al Weaver, and Bobby Steele represented New Elk Coal Company (NECC) during various
portions of the inspection. Ground conditions were very dry and the weather was warm and
windy.
The Special Focus topic as defined in the plan for this mine site was "prevention of off-site
impacts, Small Area Exemptions". While the term "small area exemption (SAE)" is not
defined in the Colorado regulations governing coal mining, exemptions from the requirement
for all surface drainage to pass through a sediment pond are allowed under Rule 4.05.2(3)
as long as the operator can demonstrate that sediment ponds or treatment facilities are not
necessary for the drainage to meet effluent limitations, there is no mixing with discharge from
an underground mine, and the area is small.
The inspection began at the New Elk Coal Company office at 2 pm on Monday, June 6,
2011. NECC is the permittee for the Golden Eagle Mine. As a result of previous successful
bond releases, the entirety Golden Eagle site consists of about 1.2 acres of reclaimed area
at the former NW-1 ventilation shaft. OSM and Division personnel reviewed permit
documentation for this area. Permit text narrative on page 2.05-7 of the PAP references
Exhibit 33 (incorrectly) of the PAP which contains SEDCAD sediment modeling
documentation for SAE's, including the NW-1 ventilation shaft. Exhibit 34 is the correct
exhibit for hydrologic modeling documentation. The Exhibit 34 table of contents (revised
5/2/97) identifies SAE #10 as the NW-1 vent shaft, 3`d North, which are two separate areas.
The 3rd North area was bond released under an industrial use (gas extraction) many years
ago. Page SAE-37 of Exhibit 34 is SEDCAD modeling for the NW-1 vent shaft. The
modeling does not indicate sediment control measures to be used. Permit text narrative on
page 2.05-27 commits to the use of silt fence and straw bales during closure activities. Text
narrative on page 2.05-29 commits the operator to using straw mulch at the time of
reseeding.
The site is shown on Map 3, Permit Boundary 2008 Northwest Airshaft, 121112008. The map
does not indicate with marking or annotation that the area is an SAE.
The field inspection was conducted on the afternoon of June 7, 2011.
Signs and Markers
Disturbed area markers as required by Rule 4.02.3 were noted in many places on the edge
of the reclaimed portions of the short reclaimed access road and shaft area.
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