_INSPECTION - C1981008 ‎(42)‎

• Permit No: C1981008
• IBM Index Class Name: INSPECTION
• Doc Name: Inspection Report
• Inspection Date: 4/28/2010
• Email Name: MLT
• Email Name: SB1
• 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 on Wednesday, 28 April 2010. Ross Gubka represented the operator, Western
Fuels - Colorado, and was present during portions of the inspection which occurred from within
the permit boundary. Temperatures were warm, but the weather was extremely windy.
This inspection was conducted in part to review Bench 1 removal and replacement activities
referenced in a letter received by the DRMS on April 22, 2010 (letter dated April 15, 2010) from
JoEllen Turner and Mike Morgan. [Similar concerns were previously expressed by Ms. Turner, and
the DRMS conducted a compliance inspection regarding soils salvaging and Bench 1 removal
operations on April 15, 2010.] The letter from Ms. Turner dated April 15, 2010 seems to address
issues previously conveyed by Ms. Turner, and checked by DRMS in the field during the April 15,
2010 inspection. Given the ongoing controversy regarding the disposition of Bench 1 materials,
and although Bench 1-related activities seem to be in compliance with the Permit No. C-1981-
008, on April 27, 2010, David Berry (Director, Office of Mined Land Reclamation) requested that
WFC retain all Morgan Property materials on the Morgan Property. This request was made by
telephone to Mr. Lance Wade, Mine Manager, on April 27, 2010 and Mr. Wade agreed to
implement the request. During the same conversation, David Berry also suggested, and Mr.
Wade agreed, that WFC would collect updated volumetric information for the materials
currently stockpiled on the Morgan property to assess options regarding the use of separated Lift
A and B soils on currently mined areas of the Morgan property.
The inspection began at 1:15 p.m., with observations from Montrose County Road BB/27, just
outside the southwestern perimeter of the permit area. The proximity of the road to the southern
end of the active pit provides an unobstructed view of current mining operations (Photo 1). At
1:30 p.m. I arrived at the mine office, updated my MSHA safety training, and proceeded to the
mine accompanied by Ross Gubka.
The southern end of the active pit lies on property owned by Frank and Mary Lou Morgan. At
the northern end of the pit, topsoil salvage, overburden removal, and coal extraction operations
are currently occurring on the former Johnson property, now owned by WFC. Backfill operations
in the north appear to be nearly complete on the Lloyd parcel, and will soon advance
westward onto the Johnson/WFC property. Subsoil and topsoil phases follow behind the backfill
operations.
At the time of the inspection, the mine shovel was excavating Bench 1 material (Photo 2) from
the WFC property, clearing the remainder of the material to allow for drilling and blasting of the
next pit cut. The Bench 1 material was being loaded into mine haul trucks for transport around
the northern end of the pit. The material was then being dumped on the trailing side of the pit
(Lloyd property) to form the uppermost layer of the pit backfill and subsoil prior to topsoiling.
This inspection was also conducted in response to a telephone call received from JoEllen Turner
on April 27, 2010 alleging that WFC was mixing Bench 1 and Lift B materials during topsoil salvage
and stockpiling operations. During the inspection, I did not observe evidence of these materials
having been mixed.
New Horizon Mine C-1981-008 28-Apr-2010
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