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<br />III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made during the <br />inspection. Comments also describe any enforcement actions taken during the inspection and the facts or <br />evidence supporting the enforcement action. <br />This partial inspection of the New Horizons Coal Mine was conducted by DMG staff <br />from the DMG Durango Office, 701 Camino del Rio, Room 125, Durango, CO 81301, <br />phone (970) 247-5469. Ross Gubka accompanied the DMG inspector throughout the <br />inspection. <br />Mining operations were temporarily ceased due to overhaul at the power plant. <br />Reclamation backfilling, grading and topsoil replacement appeared current. Hay from <br />portions of the irrigated reclaimed areas had been recently cut and removed. <br />Pond 7 was discharging. Discharge appeared clear and was visually estimated at 700 <br />gpm. Knapweed infestation, identified previously at Pond 7, was significantly reduced. <br />The operator indicated that a vigorous weed control program had been implemented. <br />Pond 8 had water in it. Water level was well below discharge elevations, no discharge <br />noted. Approximately 150 Canada geese were present at Pond 8. No evidence of <br />noxious weeds or undesirable vegetation species were observed at Pond 8. <br />Routing of irrigation water around the active mining and reclamation areas was <br />inspected. The operator has constructed concrete and steel drop structures where <br />ditch flow is directed into surface laid pipes. Debris screens at the pipe inlets were well <br />constructed and clear of debris. All sections of the surface pipe that were inspected <br />appeared intact and well maintained. Concrete and steel drop structures have been <br />constructed where pipe flow is routed into ditch flow beyond active mining and <br />reclamation areas. Pipe flow velocity is appropriately reduced with energy dissipating <br />structures. Evidence of erosion to the irrigation ditch from uncontrolled pipe flow was <br />not observed. The entire system of routing irrigation water through the permit area <br />appeared well designed and properly maintained. <br />