_INSPECTION - C1981008 ‎(35)‎

• Permit No: C1981008
• IBM Index Class Name: INSPECTION
• Doc Name: Inspection Report
• Inspection Date: 1/29/2010
• 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.
This was a Partial Inspection of the New Horizon Mine conducted by Marcia Talvitie of the
Colorado DRMS beginning at 12:30 p.m. on Thursday, 29 January 2010. Tom Fry represented the
operator, Western Fuels-Colorado, during the field inspection. Ross Gubka was available in the
office, following the field review.
Skies were clear, temperatures were mild, and a light breeze was blowing.
Roads
• Fifth Road, the County Road continuation of Nucla's 5rh Street, extends westward from the
mine facilities area to Pond 007. The road is surfaced with gravel, and right-of-way fencing
has been installed along both sides (Photo 1).
Hydrologic Balance
• Nearly the entire surface of Pond 007 was frozen. Approximately two dozen cattle were
congregated around the northeast corner, where the reclaimed Krill drainage enters the
pond. The water level was approximately six feet down from the level at which discharge
will occur.
• Pond 011 was discharging at approximately 250 gallons per minute. Tom explained that the
water level in the pond is being kept high enough to prevent freezing of the valves. Flow
from de-watering of the mine continues to be directed to the water storage tank. Overflow
from the tank goes into the northeastern corner of Pond 011.
Topsoil
• In the northern portion of the pit, mining has advanced into the WFC (formerly Johnson)
parcel. Topsoil, which is generally thin in this area (Photo 2), is pushed westward in advance
of overburden "Bench I" removal operations. The cut face exposed by Bench 1 removal
clearly reveals those locations which were rocky outcrops in the pre-mining land surface
(Photo 3).
General Mine Plan Compliance
• A front-end loader was loading coal from the pit into haul trucks for delivery to the San
Miguel Power plant in Nucla.
Fish & Wildlife
• A bald eagle was seen flying over the western portions of the permit area. The eagles
commonly winter in the area.
Prime Farmland
• The shovel (Photo 4) was loading mine haul trucks with "A Lift" topsoil that had been
previously windrowed from the Morgan property. The trucks then hauled the topsoil (Photo
5) to the designated "A" stockpile (Photo 6).
Following the inspection, I met with Mr. Dirk Richards, who owns the parcel in the northeast
corner of the permit area. He purchased the parcel from the Martins in 2004, and believes that
the post-mining land use should be irrigated pasture rather than dryland pasture.
New Horizon Mine C-1981-008 29-Jan-2010