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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 /> Hydrologic Balance <br /> • The area received a heavy rainfall the previous Friday evening. Six-tenths of an inch was recorded <br /> at the mine site. <br /> • Pond 007 was discharging at a very slow rate. <br /> • Water in Pond 008 was at the lowest level observed this year. No discharge has occurred during <br /> 2009. <br /> • The western end of Pond 009 held water, as a result of the recent rainfall event. The water level was <br /> well below the elevation of the primary spillway. The pond outlet was in good condition. Tuttle <br /> Draw flows by a short distance from the Pond 009 discharge point. Though the flow rate was not <br /> significant at the time of the inspection, grasses lining the channel were bent to the ground, giving <br /> evidence of the recent high flow that accompanied the rainfall event. <br /> • Pond 011 was receiving inflow from dewatering of the mine at a rate of 400 gpm. The rate of <br /> outflow appeared to be approximately the same. The emergency spillway, which consists of three <br /> corrugated metal pipes with end sections at the inlet was clear of debris. It has never been used. <br /> Pond banks appeared to be stable; vegetation has become more well-established this season. <br /> • The water level in Pond 012 was higher than that observed previously. Cattails continue to be <br /> established at both ends of the pond. This pond is on Lloyd property; Ross stated that the Lloyds <br /> may not want the pond to remain as a permanent feature. <br /> • The bottom of Pond 013 is saturated and spongy, but standing water was limited to numerous <br /> isolated puddles. <br /> • Pond 014 was dry, but the bottom consisted of cracked mud. This pond is located adjacent to a <br /> portion of BB Detour Road that will be reclaimed. <br /> Fish & Wildlife <br /> • Pond 007 was occupied by a flock of Canada geese. <br /> • A pair of great blue herons was sighted at Pond 008,wading in the shallows. <br /> • A group of approximately 15 ducks flew off of Pond 012 as we approached it. <br /> Revegetation <br /> • The reclaimed north-facing slope of the Benson parcel located west of 2700 Road had very good <br /> vegetative cover, and no weeds were observed. The slope appeared to be stable with respect to <br /> erosion. <br /> • Pond 011 is supporting a thriving colony of an unidentified aquatic plant. Numerous small tamarisk <br /> plants were observed along the northern waterline of the pond. Efforts to control the establishment <br /> of tamarisk should be implemented this fall. <br /> Reclamation Success <br /> • Sideroll sprinklers were operating on the reclaimed irrigated pasture areas east of 2700 Road and on <br /> the as-yet unmined portion of the Morgan parcel. Two cuttings of hay had already occurred. Ross <br /> explained that local husbandry practices typically leave the third growth un-mowed so that it is <br /> available for forage throughout the winter. <br /> • The CCC ditch is typically turned off in late September; flow in the San Miguel River is steadily <br /> dropping. <br /> The inspection concluded at 4:30 p.m. <br /> New Horizon Mine C-1981-008 21 Sep-2009 <br /> -2- <br />