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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 fads 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. Al Weaver and Bobby Steele of New Elk Coal Company <br /> (NECC)were present during various portions of the field inspection. Underground mining <br /> operations continue at a slow rate as the operator mines toward the East Portal vent fan. <br /> Ground conditions were dry and the weather was warm and breezy. <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. Records were <br /> found as detailed on page 2a of this report. Please update the public copy of the mine record <br /> as noted in the comments section of page 2a. <br /> Roads <br /> Road improvements continue with surfacing, berm construction, and general maintenance. <br /> Roads were found in excellent condition. Road watering was noted on both days of the <br /> inspection. <br /> Processing Waste <br /> A small amount (approx. 1000 cubic yards) of new refuse was observed stockpiled toward the <br /> back of the refuse disposal area(RDA). The operator has not yet extended the RDA conveyor <br /> as recently approved. Material is collected from the end of the refuse conveyor using a large <br /> loader and transported to the back of the pile. Water was noted seeping from the refuse but <br /> this small amount of water did not reach the refuse area downdrains prior to infiltration or <br /> collection in low spots on the existing surface. The 100-year ditch was traversed along its <br /> entire length and found in excellent condition. Pond 8 below the RDA held water some 10-15 <br /> feet below the lowest discharge point. <br /> Hydrologic Balance <br /> Berms have now been established along the <br /> north boundary (below left) and the south <br /> boundary (at right) of the coal loadout. Berms <br /> on the north boundary prevent the run-on of <br /> storm water to this SAE area. Two <br /> exceptions are the east and west ends of the <br /> 10.5 acre area, where work to finalize <br /> construction of the loadout remains to be <br /> completed. A small sump area was also <br /> noted on the south boundary, shown below at <br /> right. The berms and sumps are in <br /> compliance with the approved plan as shown <br /> in Exhibit 40. <br /> 3 <br />