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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 an Aerial Inspection of the New Horizon Mine conducted by the Colorado DRMS at <br /> approximately 2:00 p.m. on Friday, 18 December 2009. Photos were reviewed by Marcia Talvitie. The <br /> sky appeared to be somewhat overcast, but weather conditions were dry. <br /> Permitting Activities <br /> • The application for PR-06 was determined to be Complete for purposes of filing on 23-Nov-2009. The <br /> public notice appeared in the San Miguel Basin Forum on the 3rd, IOth, 17th and 24th of December. <br /> The public comment period will be open through 23-Jan-2010. The Division will issue its preliminary <br /> adequacy review no later than 22-Jan-2010. <br /> • A bond release inspection for SL-12 (Partial Phase II and Phase III bond release) will be held in April or <br /> May of 2010. The Division will issue its preliminary adequacy review prior to the inspection. <br /> • The Division issued its decision to approve TR-59 (surface and groundwater sampling) on 02-Dec- <br /> 2009, and the decision was published on the 17th. The Division received a letter of objection from <br /> the Morgan/Turner families. In a follow-up telephone conversation, they indicated the objection <br /> would be withdrawn. <br /> Roads <br /> • County Roads that bisect the permit area (2700 Road, and BB Road east of 2700 Road) were <br /> reconstructed in 2008 and opened to the traveling public. Western Fuels had intended to have the <br /> roads paved with hot mix asphalt in 2009, but there was no contractor in the vicinity with an asphalt <br /> plant during the 2009 construction season. <br /> • Mine Haul Road traffic utilizes a concrete-reinforced truck crossing to travel from operations located <br /> west side of 2700 Road to those on the east (Photo 1). <br /> Hydrologic Balance <br /> • The surface of Pond 007 was frozen, with the exception of the NE corner at the inlet from the Krill <br /> drainage. <br /> • The surface of Pond 008 was frozen, and Pond 009 was dry. <br /> • Ice had formed in the western end of Pond 011. Discharge was occurring from the primary spillway, <br /> through the Parshall flume that conveys the flow to "Enstrom Draw" (Photo 2). <br /> • Water accumulating in the mine is pumped to Pond 011 via flexible lines placed around the <br /> southwestern perimeter of the disturbed area. The lines fill an elevated tank that is used for dust <br /> control purposes. Overflow from the tank flows into the northeast corner of Pond 011. <br /> • Puddles previously observed on the bottoms of Ponds 012 and 013 had become patches of ice. <br /> • Pond 014 had been removed by grading during reclamation of the BB Detour road on the Richards <br /> parcel (Photo 8). <br /> Backfill & Grading <br /> • The north-facing slopes on the Benson-East and Lloyd parcels have been furrowed along the <br /> contour, to prevent erosion and to facilitate the establishment of dryland pasture species (Photo 3). <br /> Topsoil <br /> • Four topsoil stockpiles (A, B, C and D) are located in the southeastern corner of the permit, south of <br /> the Support Facilities area and east of the Overburden Stockpile (Photo 4). <br /> New Horizon Mine C-1981-008 18-Dec-2009 <br /> -1- <br />