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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 partial inspection of the New Horizon Mine conducted on July 8, 2009 by Mike <br /> Boulay of the Division of Reclamation, Mining and Safety Grand Junction Field Office. Ross <br /> Gubka of Western Fuels-Colorado (WFC) was present during the entire inspection. Weather <br /> conditions were sunny and warm. Ground conditions at the mine site were dry. The current <br /> active pit area was inspected (see Photograph No. 1). At the time of the inspection coal was <br /> being loaded and hauled, drilling was underway in preparation for blasting, and a shovel was <br /> working loading haul trucks with overburden for transport to the east side of the pit. Dozers <br /> were active backfilling and grading on the east side of the active mining area. <br /> During this inspection we drove to the northern permit boundary of the existing mine site to look <br /> at the proposed northern expansion area. We drove around the perimeter of the proposed New <br /> Horizon North Mine. The expansion would be located between 26 Rd and 26 1/2 Rd as far north <br /> as Z Road. Photograph No. 2 shows the view south from the northeast corner of the proposed <br /> expansion and Photograph No. 3 shows the view south from the far northwest corner. <br /> Hydrologic Balance <br /> Sedimentation Ponds 011 and 013 were inspected. Pond 011 was full and discharging clear <br /> water. Most of the discharge from Pond 011 is the result of water being pumped from the pit. <br /> Pond 013 had a small amount of water in a few areas of the pond bottom as seen in Photograph <br /> No. 4. Inlets and discharge structures were functional and embankments at both pond locations <br /> were stable. <br /> We viewed a location between Tuttle Draw and Endstrom Draw up stream of the juncture of <br /> these two streams. We discussed the need for continued sampling at SW-N3 on the Wilcox <br /> property below the point that these streams join. Ross has agreed to continue monitoring this <br /> sample location at the same frequency that is currently approved in the monitoring plan even <br /> though the landowner(Wilcox) is now charging WFC a fee to access the site. <br /> Topsoil <br /> A significant amount of topsoil stripped from the prime farmland designated area on the Morgan <br /> property is stockpiled in four large piles. The piles are located on the Morgan property east of <br /> the active pit area. The topsoil is segregated into A-lift, B-lift, and two "mixed"piles. The B- <br /> Lift pile is shown in Photograph No. 5. <br /> Fish&Wildlife <br /> A flock of Canada Geese were on Pond 011. Photograph No. 6 shows several of the geese flying <br /> away as we approached the pond. <br />