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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 and reclamation activities were active. The active pit was oriented in a east- <br />west direction, advancing northward. Topsoil salvage from advancing side of pit was <br />current, Reclamation backfilling, grading and topsoil replacement appeared current. <br />Affected area drainage was routed to Pond 7 or treated for sediment by other approved <br />methods prior to discharge. Affected lands appeared stable, evidence of settling, <br />slumping or uncontrolled erosion were not observed. Approximately 180 Elk were <br />bedded in the reclaimed area. <br />Pond 8 was dry, no discharge noted. As of 1 /8/02, pit drainage previously routed to <br />Pond 8 has been routed to Pond 7 due to a potential compliance issue discovered by <br />the operator with Pond 8 discharge. The operator has notified WQCD of the potential <br />compliance issue and is working with WQCD to identify and address the issue with <br />WQCD permit. Pond embankment, inslopes, inlet and outlet appeared stable. DMG <br />inspector abserved no compliance problems with DMG reclamation permit. <br />f <br />