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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 facts or evidence supporting the enforcement action. <br />This partial inspection of the New Horizon Mine was conducted by DMG staff from the Durango Office, <br />701 Camino del Rio, Room 125, Durango, CO 81301, phone (970) 247-5469. <br />Mining and reclamation activities were active. Reclamation backfilling, grading and topsoil <br />replacement appeared current. Pit water was routed to Pond 7 for treatment. Approximately 200 Elk <br />were bedded in reclaimed areas. <br />Numerous Canada geese, Mallard ducks and various waterfowl were observed at Pond 7. Pond 7 <br />was discharging, approximately 3 inch depth through the 90 degree V-notch discharge structure. <br />Discharge structure appeared intact, well maintained, and functioning as designed. Discharge <br />appeared clear. Pond embankment appeared stable, no evidence of settling, slumping or excessive <br />erosion was observed. Russian olive trees, previously established along the discharge ditch for Pond <br />7, had been cut down and trunks coated with a product toxic to Russian olive to kill the root structure <br />of the trees. Evidence of the previously reported Russian knapweed and Canada thistle infestation <br />was not observed. Operator's efforts to eradicate Russian knapweed and Canada thistle from the <br />outlet area for Pond 7 appeared successful. <br />Pond 8 appeared dry, no discharge noted. Pond 8 typically receives and treats irrigation drainage <br />from reclaimed lands. <br />Pond 9 was not inspected. <br />Evidence of affected area drainage escaping the permit area without treatment was not observed. <br />No problems or violations were observed. <br />