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III. QQMMENTS -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 <br /> Colorado DRMS beginning at 11:20 a.m. on Thursday, 15 April 2010. Tom Fry represented the <br /> operator, Western Fuels - Colorado, and was present throughout the entire inspection. Skies <br /> were clear and the temperature was approximately 700. <br /> The primary purpose of this inspection was to evaluate the ongoing processes of topsoil and <br /> "Bench 1" salvage, handling, and replacement for permit areas located west of 2700 Road <br /> (Morgan, Lloyd and WFC parcels). The Office of Surface Mining received a citizen complaint <br /> (dated 23 March 2010) from Ms. JoEllen Turner on 29 March, and issued a Ten-Day Notice (TDN) <br /> to the Division on the 15t of April. The TDN was received by the Division on Tuesday, 6 April 2010. <br /> The alleged violation is that the reclamation (specifically of the Morgan property) does not meet <br /> the requirements of the Colorado Regulatory Program. In addition, Ms. Turner had recently <br /> contacted the Division, alleging that "Bench I" material is being removed from the Morgan <br /> property and that such activity is in violation of the permit. <br /> Prime Farmlands <br /> • There were no active topsoil salvage, hauling or redistribution operations occurring at the <br /> time of the inspection. <br /> • On the Morgan property, "Lift A" topsoil (ranging from approximately 18" to 36" in thickness) <br /> has been stripped (by bulldozer) and salvaged (by shovel and haul truck) in advance of the <br /> mining operation. A berm of Lift A topsoil varying in height from 1 to 3 feet was established <br /> at the edge of the undisturbed field (Photo 1). <br /> • Lift B topsoil had also been salvaged ahead of the pit, but not as for west as Lift A had been. <br /> The thickness of the B-Lift, visible on the excavated face, was highly variable, ranging from 5 <br /> feet at the southern end of the Morgan property (Photo 1) to as deep as 10 feet in the <br /> middle,and then thinning again northward. The entire thickness of Lift B has been salvaged. <br /> • Topsoil Lifts A and B are clearly differentiated by color, and WFC's efforts (ongoing since <br /> February 2008) to salvage and stockpile the lifts separately appear to be in accordance with <br /> the requirements of the permit as revised with TR-57. <br /> Bench 1 Material - <br /> • Exposed In situ "Bench 1" material of varying thickness was present the full length of the <br /> open pit from the southern limit, located on Morgan property (Photo 2), to the northern <br /> extent on the WFC (formerly Johnson) parcel. <br /> • The thickness of Bench 1 material replaced on Morgan property commonly ranges between <br /> 20 and 30 feet (Photo 3). The uppermost 4 feet is evaluated for percentage of rock <br /> fragments,and the upper 26 inches is sampled and analyzed for "subsoil suitability" criteria. <br /> • 1 asked Tom about the handling of Bench 1 material-specifically: is WFC removing Bench 1 <br /> material from the Morgan property and hauling it to non-Morgan property? Tom stated that <br /> Bench 1 is excavated from Morgan property in advance of the pit and hauled to Morgan <br /> property behind the pit for placement as the uppermost backfill layer, which is the shortest <br /> (and most economical) haul. On occasion, because of the location of the haul rood, some <br /> Morgan Bench 1 may be placed north of the property line. <br /> • Bench 1 material, even when located beneath Prime Farmland (Morgan) is not considered <br /> New Horizon Mine C-1981-008 15-Apr-2010 <br /> -1- <br />