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III. COMMENTS - COMPl1ANCE <br />;} <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 (9701 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 and approaching the drainage divide for Tuddel <br />Draw. Topsoil salvage from advancing side of pit was current. Reclamation backfilling, <br />grading and topsoil replacement appeared current. Affected area drainage was routed <br />to Pond 7 or treated for sediment by other approved methods prior to discharge. <br />Affected lands appeared stable, evidence of settling, slumping or uncontrolled erosion <br />were not observed. Approximately 180 Elk were bedded in the reclaimed area. Bald <br />Eagle was observed in nearby areas. <br />Pond 7 was discharging, discharge appeared clear. The operator indicated that Pond 7 <br />discharge is in compliance with WQCD permit. Evidence of the operator employing <br />aggressive weed control program was observed. Pond inslopes, inlet and outlet <br />appeared stable, evidence of slumping or excessive erosion were not observed. <br />Numerous Canada geese and various ducks observed at Pond 7. <br />Pond 8 was dry, no discharge noted. The operator indicated that as of 1 /8/02, pit <br />drainage previously routed to Pond 8 has been routed to Pond 7 due to a potential <br />compliance issue discovered by the operator with Pond 8 discharge. The operator has <br />notified WQCD of the potential compliance issue and is working with WQCD to identify <br />and address the issue with WQCD permit. Pand embankment, inslopes, inlet and outlet <br />appeared stable. DMG inspector observed no compliance problems with DMG <br />reclamation permit. <br />A backhoe had been utilized to excavate two test pits in the Pond 9 area. A third test <br />pit was being excavated during the time of this inspection. Test pits were located in a <br />low lying area which exhibited internal drainage. The test pits were visually estimated <br />at 10' deep. Abrupt change in soil texture or color was not observed in either of the <br />test pits. Soil appeared to be an alluvial deposit with sandy-silt-clay texture which <br />formed a tight ball when rolled between the hands. Minor water, approximately 1" <br />depth, had collected in the bottom of the test pits. <br />