2008-03-04_INSPECTION - C1981008

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III. COMMENTS -COMPLIANCE Below are comments on the inspection. The comments include discussion of observations made during the inspection. Comments also describe any enforcement actions taken during the inspection and the facts or evidence supporting the enforcement action. This was a partial inspection of the New Horizon Mine conducted on February 29, 2008 by Mike Boulay and Marcia Talvitie of the DRMS. Ross Gubka of Western Fuels-Colorado (WFC) was present during the entire inspection. Weather conditions were sunny and cool. Ground conditions at the nnine site were damp from recent snow melt. Coal was being loaded and hauled from the pit at the time of the inspection. Roads Haul roads and access roads were generally in good condition and maintained throughout the site. Access roads were muddy in some locations due to the recent snowmelt. All areas of the mine site were accessible. HydrologrLc Balance Sedimentation Ponds 007, 008, 011, and 013 were inspected. Only Pond 007 was discharging at the time of the inspection. Pond 008 was retaining a significant amount of water. New Ponds 011 and 013 werf; retaining only small amounts of water. Pond inlets and embankments appeared stable and no problems were noted at any of these sediment pond locations. To~sorl The entire length. of the active pit area was inspected as part of this inspection to view the current topsoil handling procedures. Revised topsoil handling procedures for Prime Farmland areas within the permit boundary was one of the topics discussed during a meeting on February 15, 2008 between WFC and their consultants, the DRMS, and representatives from NRCS. The revised plan for ]Prime Farmland Soil salvage will be conducted in a two lift operation. Lift (A) will be salvaged from the surface down to where the color changes to a light brown or up to 24 inches. Lift (B) will be salvaged up to a maximum of 60 inches or to bedrock. This "Forward Plan" will enconnpass any remaining Prime Farmland areas at the New Horizon Mine and the same soil will bf; replaced in the same field after mining is complete. A "Backwards Plan" was also discussed iri our meeting on February 15, 2008 for Prime Farmlands that have already been disturbed but have not had topsoil replacement completed. The Backwards Plan was not a focus of this inspection. WFC is in the process of implementing these new topsoil handling procedures for the Prime Farmland areas. Please ensure that for any new disturbance/topsoil salvaging in the Prime Farmland areas that the new procedures are followed including the Lift (A) and Lift (B) combination and ensure that the same soil will be replaced in the same field it came from after mining is complete.