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III. COMMENTS -COMPLIANCE <br />Below are comments on the inspection. The comments include discussion of observations made <br />during the inspection. Comments also describe any enforcement actions taken during the inspection <br />and the facts or evidence supporting the enforcement action. <br />This was a partial inspection of the New Horizon Mine conducted on October 9, 2007 by Mike <br />Boulay of the DRMS. Tom Fry of Western Fuels-Colorado (WFC) was present during the entire <br />inspection. Weather conditions were sunny and warm. Ground conditions at the mine site were <br />dry. <br />Roads <br />Haul roads and access roads were in good condition throughout the site. <br />Hydrologic Balance <br />Sedimentation Ponds 008, 009, and 012 were inspected. None of these ponds were discharging <br />at the time of inspection. Pond 008 was retaining a significant amount of water, Pond 009 was <br />dry and Pond 012 was only damp at the bottom. As noted in the previous inspection and <br />discussed with WFC, some erosion is occurring on the faces of the embankments and side slopes <br />in the form of rills at Ponds 009 and 012 (see inspection report dated 09/25/07). The side slopes <br />of these two ponds should be repaired and seeded to ensure compliance with Rule 4.05.9(9). <br />Suroroort Facilities <br />The surface facilities area was inspected. The facilities and perimeter areas are well maintained <br />and no problems were noted during this inspection. <br />Reve etg ation <br />Vegetation on reclaimed areas in the NH-2 mine area is in good condition and well established. <br />Hay was being cut on the reclaimed azeas on the east side of the mine. <br />