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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 />The pit area was active. Coal removal was occurring in the north end of the cut <br />located immediately east of County Road 27.00. This is the last cut of the series of <br />pits aligned north to south and proceeding westward to CR 27.00. The next series of <br />pits will be aligned east to west and proceed northward, through the previous location <br />of CR BB, to Tuttle Draw. <br />Backfill material was being direct hauled from the north end of the last cut located east <br />of CR 27.00, to the south end of the pit. Surveyed elevation lines were observed on <br />the pit highwall, defining the elevation of backfill and the bottom elevation of the <br />sediment pond for the southwest corner of the current affected lands. Reclamation <br />backfilling, grading and topsoil replacement appeared current. Drainage from the <br />affected lands was appropriately contained and routed to Pond 007. <br />Excavation of the first of the northward progressing pits had commenced. The old CR <br />BB was closed. Construction of the temporary CR BB was complete. The temporary <br />CR BB was being utilized by the public. Drainage from the lands affected by the <br />relocation of CR BB is treated for sediment by silt fence prior to leaving the site. <br />