2012-03-29_INSPECTION - C1996084

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Roads: Portions of mine roads have been Phase III released and turned over to a third party. This party is also conducting the maintenance on mine roads still within the permit area. Having a third party conducting maintenance within the permit area can be problematic and NEC is experiencing some difficulty. NEC is ultimately responsible for ensuring roads and road drainage structures within the permit area are maintained in accordance with Colorado's approved program. Mine road culverts appear to be too shallow and grading activities are damaging them. NEC is responsible for ensuring adequate cover over all culverts within the permit area to prevent additional damage by the graders. Reclamation / Revegetation: Vegetation is sparse in some areas including above Fill 9. Vegetation will help stabilize slopes, which are currently showing signs of minor erosion. Minor reseeding after rill and gully repair is advisable. The fenced shrub plot did not exhibit notable signs of growth. It will probably require supplementary planting. NEC placed wildlife habitat structures (rock piles) around Fill 7. We did not observe any wildlife inhabiting these structures during the inspection. However, these structures have been very successful on other reclamation sites and are likely to be successful here. Records Check Mine records are housed at the NEC office in Trinidad. CSCMRA permit expires 11/7/12, renewal notification sent Liability insurance policy covering New Elk and Lorencito expires 9/23/12 Bond: UMB Bank 10555 for $967,121 (adequate bond, reclamation cost estimate is $805,288) Air emissions permit approved 1/2002, expired in 2006 (inactive site) County special use permit approved mining in this agricultural region Annual reclamation report for 2011 on file Regulatory authority inspection reports on file through 1/17/2012 Spoil fill quarterly reports through 4th quarter 2011, please revise 3rd quarter reports to reflect correct dates Annual impoundment certifications currently being finalized Haul and access road certifications on file NPDES permit WQCD COG - 850044 expires 6/30/2013 NPDES records / discharge monitoring reports on file through 4 quarter 2011 Quarterly pond inspections on file through 4 quarter 2011, Pond 8 cleaned in 3` quarter 2011 Annual groundwater, surface water, seep / spring monitoring programs terminated Annual hydrology reporting terminated Well permits on file NEC requested extensions to respond to the DRMS midterm permit review deficiencies. Deficiencies included vegetation monitoring reports, bond estimate, weed control plan, updates to maps, etc. Ms. Binns instructed Ron Thompson (NEC) to submit the required information by May 7 as part of the permit renewal application. Mr. Thompson would like to pursue bond release on all roads because Pioneer Gas Company is maintaining them. Pioneer is not always mindful of NEC's directions or responsibilities. We did not reach any conclusions on this matter.