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Ill. 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 Partial Inspection of the New Horizon Mine conducted by Marcia Talvitie of the Colorado <br /> DRMS on 31-Dec-2008. Tom Fry represented the operator, Western Fuels- Colorado, and was present <br /> throughout the entire inspection. The inspection focused on the Support Facilities; the Overburden <br /> Stockpile ("Mt. Nucla") and topsoil stockpiles located south of the Support Facilities area; and the <br /> active pit operations. <br /> Hydrologic Balance <br /> A series of diversion ditches collects runoff from Mt. Nucla and directs the flow to Pond 007 via Ditch <br /> C 18 (formerly 007 East ditch) along the southern edge of the Staats parcel. The ditch bottom and side <br /> slopes were well vegetated and appeared to be stable with respect to erosion (Figure 1). <br /> Support Facilities <br /> Various materials were stored in the pallet storage area: equipment parts, excelsior rolls, heavy <br /> equipment tires and rims, 5-gallon buckets (sealed and labeled), totes (empty), and four 55-gallon <br /> drums (labeled). All items were stored on pallets or over secondary storage. The area was neat and <br /> well-kept. Empty drums are collected behind the storage building, and periodically disposed of by a <br /> licensed contractor. The fuel storage area is surrounded by a lined berm. Fuel tanks (gasoline and <br /> diesel) are clearly identified. Drip buckets had been placed beneath the valves to catch any <br /> potential leaks (Figure 2). Ice and snow were observed in the bottom of the bermed area, a result of <br /> recent snowfall. <br /> Topsoil <br /> Topsoil stockpiles A, B, C and D were well vegetated and stable with respect to erosion. Signs <br /> identifying the stockpiles as Topsoil were posted (Figure 3). <br /> General Mine Plan Compliance <br /> Roads were icy to muddy due to recent snowfall, and the shovel was undergoing repairs at the time of <br /> the inspection. Mining activities are currently occurring in Cut 87, and the drill rig had progressed north <br /> of the Prime Farmland area. Two bulldozers were active at the for northern end of the cut (Figure 4), <br /> gleaning coal from the site of pre-law underground workings which had been accessed via Tuttle <br /> Draw. <br /> Fish & Wildlife <br /> Several groups of mule deer were sighted during the inspection: on Mt. Nucla, crossing the Moore <br /> parcel, and along Tuttle draw. Tom Fry mentioned that elk are also seen frequently within the permit <br /> area during the winter months. <br /> Reveaetation <br /> WFC had scheduled various areas to be seeded during the fall of 2008. Due to circumstances beyond <br /> the company's control (personal issues of the seeding contractor), the seeding was not <br /> accomplished, but will be done during the next appropriate season. <br /> Excess Spoil and Development Waste <br /> The side slopes of "Mt. Nucla" are steep and rocky,with zones of shale (Figure 5). Vegetation is sparse; <br /> Rabbit Brush appears to be the predominant species. The slopes do appear to be reasonably stable, <br /> however, with respect to erosion (Figure 6). <br /> New Horizon Mine C-1981-008 31-Dec-2008 <br />