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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 evidence <br />supporting the enforcement action. <br />This partial inspection of the New Horizons Coal Mine was conducted by DMG staff from the <br />DMG Durango Office, 701 Camino del Rio, Room 125, Durango, CO 81301, phone (970) <br />247-5469. <br />Mining and reclamation activities were active. The active pit was oriented in a east-west <br />direction. The operator indicated that future pits will be oriented in a north-south direction, <br />advancing to the west. Topsoil salvage from advancing side of pit was current. Reclamation <br />backfilling, grading and topsoil replacement appeared current. Approximately 75 Elk were <br />observed in reclaimed areas. <br />Pit water was routed to Pond 7 for treatment prior to discharge. Pond 7 was discharging, <br />approximately 4.6 inch depth through the 90 degree V-notch discharge structure. Pond <br />embankment and inslopes appeared stable. Numerous Canada geese and ducks were <br />observed at Pond 7. <br />Pond 8 was holding water. Elevation of impounded water in Pond 8 was well below <br />discharge level, no discharge noted. <br />Pond 9 appeared dry. <br />