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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 Horizons Coal Mine was conducted by DMG staff from the DMG Durango Office, 701 Camino del Rio, Room 125, Durango, CO 81301, phone (970) 247-5469. Mining and reclamation activities were active. The active pit was oriented in a north-south direction, advancing to the west. Topsoil salvage from the advancing side of pit was current. Overburden from the advancing side of the pit was being direct hauled to the reclamation side of the pit. Water trucks were active, spraying water on roadways for dust suppression. Reclamation backfilling, grading and topsoil replacement appeared current. Agricultural equipment was active on areas where topsoil had been recently redistributed, tilling and removing rocks from the redistributed topsoil. Side-roll irrigation equipment was active on reclaimed and revegetated areas. Pit water is routed to Pond 7 for treatment prior to discharge. Pond 7 also receives drainage from reclaimed and irrigated areas. Pond 7 was discharging, approximately 8 inch depth through the 90 degree V-notch discharge structure. Pond embankment and inslopes appeared stable. Several waterfowl were observed at Pond 7. Operator's weed control methods for Canada thistle and Russian knapweed at the Pond 7 discharge structure continues to exhibit success. Evidence of the thistle and knapweed infestation, previously noted in the reports generated from the June and July 2000 inspections, was not observed. Pond 8 was observed from the south end of the active pit area. Pond 8 appeared to be holding minor water, below the discharge elevation. Pond 9 was observed from the north end of the active pit area. Pond 9 appeared dry