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III. COMMENTS -COMPLIANCE Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. This partial inspection of the New Horizon Mine focused on repairs to drainage structures completed by Western Fuels following an intense thunderstorm event on July 10~". During the inspection, DBMS inspector was introduced to Mr. Ward Burbridge, a landowner for portions of the permit area, who commented on "sink holes" and areas of inconsistent alfalfa production for reclaimed lands. Ten photos accompany this report. Mining and reclamation activities were active. Repairs to sediment containment ditch C11 and C17 appeared to have been completed. Evidence of seeding to the recently repaired areas was observed at ditch C17. Ditch C11 was conveying pit drainage to sediment pond 8. An erosion resistant drop structure, constructed of large angular rock and half-sections of corrugated metal pipe, had been installed at the inlet to pond 8. Drainage to pond 8 was retained, no discharge from pond 8 was occurring. The drainage containment berm and ditch for the SAE located west of pond 7 had also been repaired. Straw bale sediment filter was intact at the outlet for the SAE. Evidence of affected area drainage escaping the permit area without treatment was not observed. As noted by Mr. Burbridge, some portions of the reclaimed alfalfa field appeared to be less productive than other portions. Low yield areas were easily identified by the thin alfalfa windrows. Some of the low-yield areas appeared to be locations where drainage could concentrate but not all low-yield areas appeared to be drainage related. The operator indicated that they were aware of the variability in production and were attempting to determine the cause. A shallow depression in the reclamation area was located adjacent to an irrigation supply line. The depression was approximately 30 feet diameter and 1 foot deep. Cattails were well established within the settled area, soils were wet and muddy. The settling appeared to have occurred previously but not active at this time. No tension cracks or other evidence of active settling were located. The operator indicated that the minor subsidence feature could be backfilled to ensure positive drainage. No other subsidence features were identified.