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111. 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 <br /> Colorado DRMS beginning at 1:30 p.m. on Monday, 08 June 2009. Ross Gubka represented the <br /> operator, Western Fuels-Colorado, and was present throughout the entire inspection. <br /> Hydrologic Balance <br /> • Pond 007, which is now fed solely by irrigation runoff, discharged for three days at the end of <br /> May. Unfortunately, WFC was unable to do the Whole Effluent Toxicity (WET) sampling <br /> before the discharge ceased. They will attempt to sample as required if discharge occurs <br /> again during the month of June. <br /> • Pond 008 still has not discharged in 2009. The water level appears to be risincl, in comparison <br /> with that observed in May. <br /> • Pond 011 continues to discharge. Aquatic plants have begun to be established at the pond <br /> edges, below water level (Figure 1). Vegetation on the pond slopes has improved over the <br /> 2008 cover, and includes yellow sweet clover, alfalfa, slender wheat grass, and crested <br /> wheat grass. The temporary diversion ditch above the southern side of the pond continues <br /> to transport irrigation surface flow away from the pond slopes and toward the inflow ditch at <br /> the southwest corner. <br /> • We discussed the sampling of surface water for the western side of the; mine. WFC's <br /> approved sampling point is on property owned by Mr. Wilcox, outside the permit boundary, <br /> immediately downstream of the confluence between "Enstrom Draw" (which receives <br /> discharge from Pond 01 1) and Tuttle Draw. Because Mr. Wilcox has stated he will allow WFC <br /> to cross his property only for a fee, the Division and WFC have recently been discussing other <br /> alternatives. Ross stated that in addition, the flow in Enstrom Draw is heavily influenced by <br /> fluctuations in irrigation tail water from the Enstrom property (Figure 2). Ross inquired whether <br /> WFC might be able to eliminate sampling of Enstrom Draw, since they have monthly <br /> analyses run on Pond 011 discharge, and sample Tuttle Draw immediately downstream of <br /> the Pond 013 discharge, where the Draw crosses into WFC property. Nothing has yet been <br /> resolved on this subject; any change in-hydrologic monitoring will have to be approved as a <br /> Technical Revision to the Permit. <br /> Explosives <br /> • Blasting operations have returned to the southern end of the permit (a new cut has begun), <br /> and are once again in close proximity to the home of Frank and Mary Lou Morgan. The <br /> initial box cut was made a distance to the north, and two more recent shots had been <br /> made heading southward from the box cut (toward the Morgan home). WFC: monitors each <br /> shot with a seismograph set up at the Morgans'. As they get closer to the horne, the number <br /> of decks may increase to as many as five per shot. <br /> Topsoil <br /> • The shovel was loading trucks with mixed topsoil from the WFC (formerly Johnson) property, <br /> which hauled it to the Lloyd property for distribution (Figure 3). <br /> New Horizon Mine C-1981-008 08-Jun-2009 <br /> -1- <br />