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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 by Marcia Talvitie of the Colorado <br /> DRMS beginning at 2:15 p.m. on Wednesday, 17 February 2010. The inspection was conducted from <br /> points of public access around the permit area, without a representative of the operator, Western Fuels <br /> - Colorado. Skies were clear and temperatures were mild. Ross Gubka and Lance Wade were <br /> contacted at the WFC office,subsequent to the inspection. <br /> Current Permitting Actions <br /> PR-06: In response to the number of comments and objections received from landowners and the <br /> public, the Division scheduled an informal conference, to be held the 18th of February at the Fire Hall in <br /> Nucla. <br /> SL-12: The Division is in the process of reviewing the application for adequacy. It is anticipated that the <br /> bond release inspection will be scheduled for late April or early May. <br /> Availability of Records <br /> The designated location for public viewing of permit application materials is the Montrose County <br /> Annex in Nucla. Applications for PR-06 (with comment and objection letters received) and SL-12 were <br /> on-site, as were various documents from NOls and applications that have been previously approved. <br /> The seven-volume set of Permit binders was also on the shelf. In order to avoid potential confusion, we <br /> suggest that any documents not associated with current permitting actions be retrieved by WFC. <br /> Hydrologic Balance <br /> • Pond 009 contained a puddle of sediment-laden water at its western end. The water level was well <br /> below the discharge elevation. The source of sediment appeared to be snowmelt runoff from <br /> disturbed area on the east side of 2700 Road, which flowed through the culvert beneath the road <br /> and into the pond. <br /> • The water level in Pond 011 appeared to be somewhat higher than what was observed on the <br /> previous inspection. <br /> Backfill & Grading <br /> • The northern perimeter of the Benson-East parcel, adjacent to the remnant BB Road Detour, <br /> appears to have been disturbed during the process of reclaiming the Detour on the Richards <br /> parcel. The surface had been nicely regraded, and possibly reseeded. <br /> General Mine Plan Compliance <br /> • In the active pit, the drill rig was set up near the southern end of the current bench, and progressing <br /> southward from sections shot earlier. A semi-circular area of ground had been marked with survey <br /> lath, establishing the limits of mining near the Morgan house. <br /> • A bulldozer was working to push down overburden that had been previously shot. The shovel was <br /> working down inside the pit, loading trucks. Below the highwall, a front-end loader was loading coal <br /> into trucks for transport to the power plant. <br /> • A fence had been installed between the Benson-East and Richards parcels. <br /> Fish & Wildlife <br /> • A large flock of Canada geese was bathing and sunning on Pond 011. <br /> • There grazing impact by elk appears to be greater this year than it has during prior winters. <br /> Air Resource Protection <br /> • The water truck was in operation at the time of the inspection. <br /> New Horizon Mine C-1981-008 17-Feb-2010 <br />