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M. 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 was a complete inspection of the New Horizon Mine conducted on September 12, 2007 by <br /> Mike Boulay of the DRMS. Ross Gubka of Western Fuels-Colorado (WFC) was present during <br /> the entire inspection. Weather conditions were cloudy and cool. Ground conditions at the mine <br /> site were mostly snow covered from a significant storm that passed through the area prior to this <br /> inspection. Coal was being hauled from the mine at the time of the inspection. Cattle were seen <br /> in the southeast portion of the mine area. <br /> Availability of Records <br /> All required records were on site and available for review. Please see the attached records <br /> checklist at the end of this inspection report. <br /> Signs and Markers <br /> Mine identification signs were properly displayed at mine site entrances. Topsoil markers and <br /> permit boundary markers were in place where required. <br /> Roads <br /> Despite the significant snow cover, most areas of the mine site were accessible. Some locations <br /> had to be walked. Haul roads were clear of snow cover and appeared well maintained and in <br /> good condition. Most of the access roads had not been plowed and had melting snow and were <br /> muddy. <br /> Hydrologic Balance <br /> Sedimentation Ponds 007, 008, 009, 012, and 014 were inspected. Pond 007 was the only pond <br /> discharging at the time of the inspection. As requested by DRMS (see inspection reports dated <br /> 9/25/07 and 10/17/07), WFC repaired rills and re-graded the side slopes and embankment areas <br /> of Ponds 009 and 012 since the time of the last inspection. The repair work at both of these <br /> ponds looked very good and the pond embankment and side slopes appeared stable. Please <br /> ensure that these repaired locations at Ponds 009 and 012 are seeded this fall. Photographs of <br /> Ponds 009 and 012 are shown at the end of this inspection report. There were no problems noted <br /> at any of the above mentioned pond locations. <br /> Construction of two new sediment ponds (Ponds 011 and 013) was started and completed since <br /> the last on-site inspection was conducted in October 2007. Photographs of these new ponds are <br /> shown at the end of this inspection report. These two new ponds were also inspected at this time. <br /> Some differences were noted at both new pond locations between the approved designs and the <br />