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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 /> I inquired about the topsoil salvage operations on the Morgan property. Mr. Gubka stated that <br /> WFC continues to salvage and stockpile all of Lift A and all of Lift B for future replacement on the <br /> Morgan property. Mr. Gubka also stated that Bench 1 material is generally placed on Morgan <br /> land, but has been sometimes hauled to the Lloyd parcel north of BB Road, depending upon the <br /> location of the centroid for the particular mass haul. <br /> The excavated face of Bench 1 material is exposed throughout the length of the Morgan <br /> property, and is somewhat variable in composition (Photo 3). The uppermost portions appear to <br /> be sandier, in general, while the lower materials have a higher clay proportion. In some <br /> locations, a layer in the upper 25% of Bench 1 has a white appearance, which may indicate a <br /> higher calcium carbonate concentration (Photo 4). <br /> Bench 1 material has been previously hauled to and dumped at the rear of the open pit on <br /> both Morgan and Lloyd properties. Visually, the material ranges from sandy clay (Photo 5) to <br /> clayey sand (Photo 6), and is grayish tan in color. Variations in the in situ composition are <br /> reflected in the individual dump loads or portions thereof (Photo 7). Removal of the Morgan <br /> Bench 1 material sufficient to allow drilling and blasting of the next pit cut appeared to have <br /> been completed prior to the inspection. <br /> Numerous topsoil stockpiles in the permit area, including those on the Morgan property, had <br /> been recently stabilized with hydro-seeding (Photo 8). According to Mr. Gubka, this had been <br /> done in compliance with the conditions of the mine's CDPHE air quality permit. A water truck <br /> was observed spraying down haul roads within the permit area. <br /> The CCC Ditch had not yet been turned on, but revegetated areas throughout the permit were <br /> growing. Irrigated Pasture areas exhibited extremely dense growth. Those areas seeded with <br /> Dryland Pasture mixes were also growing well, although the vegetation cover was less dense. <br /> The inspection concluded at 3:00 p.m. <br /> New Horizon Mine C-1981-008 28-Apr-2010 <br /> -2- <br />