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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 complete inspection of the New Horizon Mine (Permit No. C-1981-008) conducted by <br />Marcia Talvitie and Mike Boulay of the Colorado DRMS on 1 1-Mar-2008. Ross Gubka represented <br />the operator, Western Fuels -Colorado (WFC), during the field inspection and the records <br />inspection. <br />Availability of Records <br />Permit records were reviewed at the mine office; a completed "DRMS Availability of Records" <br />form is included with this inspection report. <br />Signs and Markers <br />Mine and Permit identification signs were posted at the entrance. Perimeter Markers were <br />observed in place at various locations. <br />Hydrologic Balance <br />The mud and standing water observed during the 29-Feb-08 inspection had lessened <br />considerably due to the recent dry weather. <br />Water being pumped from the active pit is currently routed to Pond 007 at the rate of <br />approximately 200 gallons per minute. Pond 007 was full and discharging during the inspection. <br />Pond 008 contained water, but was not discharging. <br />Pond 009 had been recently re-worked, cleaned out, and the side slopes re-graded. A small . <br />crew was working on the ditch that enters the pond from the southeast at the time of the <br />inspection. Some rilling was observed on the southern slope of the pond; Mr. Gubka indicated <br />that this would be repaired while the equipment and personnel were on-site. <br />According to Mr. Gubka, WFC may explore the possibility of de-watering the mine into Pond 011 <br />in the future: A change of this nature would involve the Division of Water Resources. <br />Ponds 012 and 013 both held water, but were not discharging. <br />We observed the splitter box, which diverts water from the West Lateral of the CC Ditch to <br />properties owned by the Morgans, et al. According to Mr. Gubka, there is a 107' fall from the <br />box to the corner of the Morgan property. <br />To soil <br />Pond 013 was excavated during the winter from property which has since been determined to <br />be Prime Farmland. No signs were observed marking the topsoil stockpiles, which are not likely <br />to be impacted by operations at the mine. All topsoil stockpiles should be clearly marked as <br />such, in accordance with Section 4.02.7 of the Regulations. <br />