_INSPECTION - C1981008 ‎(47)‎

• Permit No: C1981008
• IBM Index Class Name: INSPECTION
• Doc Name: Inspection Report
• Inspection Date: 5/19/2009
• Email Name: MLT
• Media Type: D
• Archive: No

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 Complete Inspection of the New Horizon Mine conducted by Marcia Talvitie of the Colorado
DRMS on 19-May-2009 beginning at 8:30 a.m. Ross Gubka represented the operator, Western Fuels -
Colorado (WFC), and was present throughout the entire inspection.
Availability of Records
Records were available at the mine office for review. A completed DRMS Availability of Records form is
attached to this report.
Permitting Actions
• In the month since the April inspection, the Morgan objection to the Division's proposed decision
to approve TR-57 (Soil Resource Information and Topsoil Redistribution) has been withdrawn and
the revision has been approved.
• On 13 May, The Division announced its proposed decision to approve TR-58 (Irrigated Pasture
Reference Area). The Public Notice will appear in the 21 May issue of the San Miguel Basin
Forum, initiating the 10-day comment period.
• The Division is in the process of completing written Findings for SL-11 (Partial Phase I and Phase II
bond release). Permit Renewal 5 (RN-05) will be following SL-1 1.
Hydrologic Balance
• The West Lateral Ditch was flowing strong, supplying irrigation water to the NH 2 permit area.
• Pond 007 has not yet discharged in 2009, and the water level was well below the level of the V-
Notch weir at the discharge point. It is unknown whether discharge will occur this year; the
pond level is controlled by irrigation runoff only, with no contribution from dewatering of the
mine pit. Pond banks appeared stable and well vegetated.
• The water level in Pond 008 is increasing due to irrigation runoff (Figure 1). A minor amount of
inflow was observed at the NW corner of the pond at the time of the inspection. The pond has
not yet been discharged (outlet valves are manually controlled) this season. The available
storage capacity of Pond 008 should be monitored, and maintained as necessary, so as not to
fall beneath the level required by the Permit. Pond banks are well vegetated and appear to be
stable with respect to erosion.
• Pond 009 was dry with the exception of a puddle on the pond floor. The Pond slopes appear to
be stable with respect to erosion.
• Pond 011 continues to receive mine water pumped from the active pit. Discharge was
occurring at the time of the inspection. The vegetative cover on the side slopes of the pond,
while not thick, has increased from what was observed in 2008.
• The floor of Pond 012 was nearly covered with water. The pond receives no irrigation runoff; the
source appears to be groundwater seepage from Tuttle Draw. Cattails have begun to grow at
the eastern end,where the floor is damp, rather than submerged (Figure 2).
• Pond 013, like Pond 012, is affected by groundwater from Tuttle Draw rather than by surface
flow. The entire floor of the pond is damp, with a few scattered puddles. Numerous cattail
plants have begun to grow. Tuttle Draw was flowing full at the time of the inspection (Figure 3),
the result of unused return flow from the West Lateral Ditch (Figure 4).
• The property owner at the downstream (Tuttle Draw) water sample sites no longer wishes to
grant WFC access across his property to collect water samples each month (or may allow it, but
for a fee). WFC wonders what they are to do if they are unable to acquire access.
New Horizon Mine C-1981-008 19-May-2009
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