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November 5, 2014 C- 1981- 008/New Horizon Mine BFB <br />Inspection Topic Summary <br />NOTE: Y= Inspected N =Not Inspected R= Comments Noted V= Violation Issued NA Not Applicable <br />N - Air Resource Protection <br />N - Roads <br />R - Availability of Records <br />R - Reclamation Success <br />N - Backfill & Grading <br />N - Revegetation <br />N - Excess Spoil and Dev. Waste <br />N - Subsidence <br />N - Explosives <br />N - Slides and Other Damage <br />N - Fish & Wildlife <br />N - Support Facilities On -site <br />R - Hydrologic Balance <br />R - Signs and Markers <br />R - Gen. Compliance With Mine Plan <br />N - Support Facilities Not On -site <br />N - Other <br />N - Special Categories Of Mining <br />N - Processing Waste <br />R - Topsoil <br />COMMENTS <br />This was a complete inspection fo the New Horizon Mine conducted by Brock Bowles, Dan Hernandez and <br />Clayton Wein of the Colorado Division of Reclamation Mining and Safety. Frank Ferris of Western Fuels - <br />Colorado was present for the entire inspection. The weather conditions were clear, cool and the ground was dry. <br />AVAILABILITY OF RECORDS — Rule 5.02.4(1): <br />The availability of records was checked prior to the ground inspection. All required records were on file <br />and available for review at the office. See the attached availability of records checklist at the end of this <br />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 />The highwall south of pond 13 was not being backfilled during this inspection. MSHA found a <br />discrepancy with the sub - contractor hauling the backfill from stock pile H to the highwall. <br />HYDROLOGIC BALANCE - Rule 4.05 <br />Drainage Control 4.05.1, 4.05.2, 4.05.3; Siltation Structures 4.05.5, 4.05.6; Discharge Structures 4.05.7, 4.05.10; <br />Diversions 4.05.4; Effluent Limits 4.05.2; Ground Water Monitoring 4.05.13; Surface Water Monitoring 4.05.13; <br />Drainage —Acid and Toxic Materials 4.05.8; Impoundments 4.05.6, 4.05.9; Stream Buffer Zones 4.05.18: <br />Culverts 107 (photo 1), 109, 111, 120, 121, 122 need maintenance. <br />Pond 13 was discharging at <.10 CFS. The embankment was vegetated and appeared to be stable. <br />Pond 11 was discharging at .40 CFS (photo 2). The embankment was vegetated and appeared to be stable. The <br />Number of Partial Inspection this Fiscal Year: 4 <br />Number of Complete Inspections this Fiscal Year: 2 <br />Page 2 of 7 <br />