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February 25, 2014 C- 2010- 089/New Horizon North Mine MPB <br />Inspection Topic Summary <br />NOTE: Y= Inspected N =Not Inspected R= Comments Noted V= Violation Issued NA =Not Applicable <br />Y - Air Resource Protection <br />R - Availability of Records <br />R - Backfill & Grading <br />Y - Excess Spoil and Dev. Waste <br />Y - Explosives <br />R - Fish & Wildlife <br />R - Hydrologic Balance <br />Y - Gen. Compliance With Mine Plan <br />NA -Other <br />Y - Processing Waste <br />Y -Roads <br />NA - Reclamation Success <br />NA - Revegetation <br />Y -Subsidence <br />Y - Slides and Other Damage <br />R - Support Facilities On -site <br />Y -Signs and Markers <br />Y - Support Facilities Not On -site <br />NA - Special Categories Of Mining <br />Y - Topsoil <br />COMMENTS <br />This was a complete inspection of the New Horizon North Mine conducted by Mike Boulay of the Division of <br />Reclamation, Mining and Safety Grand Junction Field Office. Ross Gubka of Western Fuels- Colorado (WFC) and <br />Frank Ferris and Tony Tennyson of Tri -State Generation and Transmission Association, Inc. (Tri- State) were <br />present during the entire inspection. Weather conditions were warm and clear and ground conditions were dry. <br />WFC was hauling coal from the mine to the power plant at the time of the inspection. <br />AVAILABILITY OF RECORDS — Rule 5.02.4(1): <br />The availability of records was checked on the morning of 2/25 prior to the ground inspection. All required <br />records were on file and available for review at the mine office. No problems were noted with the records review. <br />The records are organized and easily accessible. Please see the attached Availability of Records checklist at the <br />end of this inspection report. <br />BACKFILL and GRADING — Rule 4.14 <br />Contemporaneous Reclamation 4.14.1; Approximate Original Contour 4.14.2; Highwall Elimination 4.14.1(2)(f); <br />Steep Slopes 4.14.2, 4.27; Handling of Acid and Toxic Materials 4.14.3; Stabilization of Rills and Gullies 4.14.6: <br />Backfill and grading of overburden material back to the original boxcut is well underway. During the inspection <br />trucks were observed dumping overburden material into place. A dozer was actively grading the overburden at the <br />northwest end of the pit area (see attached Photograph No's 1 and 2). An adequate safety berm was also being <br />constructed around the northwest end of the pit. <br />FISH and WILDLIFE — Rule 4.18: <br />Bald eagles were spotted at two locations within the permit boundary during the inspection. Two bald eagles were <br />perched in trees at the northwest corner of the mine site boundary (see Photo No. 3). <br />Number of Partial Inspection this Fiscal Year: 6 <br />Number of Complete Inspections this Fiscal Year: 3 <br />Page 2 of 7 <br />