_INSPECTION - C1981008 ‎(24)‎

• Permit No: C1981008
• IBM Index Class Name: INSPECTION
• Doc Name: Inspection Report
• Inspection Date: 12/18/2009
• 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.
General Mine Plan Compliance
• The current pit operation is approximately 3200 feet in width (Photo 5), the northern portion of which
appears to straddle the property line between the WFC (formerly Johnson) and Lloyd parcels. The
southern portion of the pit is on Morgan property.
• The shovel was being serviced, and the drill was located near the Lloyd/WFC property line (Photo 6).
• Mine haul trucks were parked, and coal was being loaded directly from the pit floor into 18-wheel
tractor-trailers for haul to the Tri-State generating station.
Revegetation
• Approximately two dozen cattle were grazing on the reclaimed irrigated pasture south of BB Road
and east of 2700 Road. Western Fuels explained that Mr. Burbridge leases these pasture lands for
winter grazing for his cattle.
Excess Spoil and Development Waste
• During development of the original box cut for the New Horizon Mine #2, an overburden stockpile
was created. The pile is located at the southeastern corner of the permit area. The outer slopes of
the pile are comprised of materials ranging from sandstone boulders to shale, and are somewhat
stabilized with vegetative cover, notably rubber rabbit brush (Photo 4).
Reclamation Success
• Portions of the former BB Road Detour lying on WFC and Richards parcels were reclaimed during the
fall of 2009. The western segment, on land owned by Benson, has been left in place. WFC has said
it intends to revise the permit to retain the Benson portion as a permanent feature.
• Reclamation of the Richards portion required a substantial fill at the western end. This increase in
elevation was accomplished with the construction of several boulder-reinforced terraces (Photo 7).
The terraces should serve to limit potential erosion.
• The northern side of the Richards property features steep slopes that drop away to Tuttle Draw,
below. It appears that the reclaimed BB Detour alignment was graded to blend in with the
surrounding terrain, and that sloping surfaces have been roughened (Photo 8).
• Reclamation of the southern segment of the BB Detour was accomplished by distributing topsoil that
had formerly been stockpiled to the west of the detour.
• Access to the West Lateral diversion box will continue to be required. A narrow track has been
constructed adjacent to the fence on the narrow WFC parcel north of BB Road. The track
continues onto Richards' property for the final distance to the box (Photo 9).
Prime Farmland
• "Bench 1" material had been spread and worked by a bulldozer, east of the open pit (Photo 5).
• Topsoil from the westernmost "Mixed A & B" stockpile had been recently distributed over much of
the central portion of reclaimed Morgan property (Photo 10). Two "Mixed" stockpiles remain at the
eastern end of the Morgan parcel, southwest of the intersection of BB Road and 2700 Road (Photo
11).
• Current topsoil handling requirements for prime farmland soils dictate that the "A" and "B" horizons
must be stripped and stockpiled separately. The operator does appear to be adhering to these
requirements. "Lift A" and "Lift B" stockpiles have continued to grow in size as the mining operation
moves westward (Photo 12).
New Horizon Mine C-1981-008 18-Dec-2009
-2-