_INSPECTION - C1981008 ‎(45)‎

• Permit No: C1981008
• IBM Index Class Name: INSPECTION
• Doc Name: Inspection Report
• Inspection Date: 5/3/2010
• 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 on Monday, 3 May 2010 by
Marcia Talvitie and Daniel Mathews of the Colorado DRMS. Jim Boyd and Ashley Jackson-Baillie
of the National Resource Conservation Service (NRCS) Norwood office also participated in the
inspection.
The day began at 10:30 a.m. with an orientation meeting between DRMS and NRCS staff in
Nucla. Following review and discussion of permit maps and aerial photos, we proceeded to the
mine office, where safety training was provided to those who required it. Ross Gubka was
available to represent the operator, Western Fuels - Colorado, and was present throughout the
entire field inspection.
One of the main purposes for holding this joint agency inspection was to give agency personnel
with soils and agriculture expertise an opportunity observe mine operations related to the
salvage, handling, stockpiling and redistribution of topsoil. In particular, we focused on
practices modified with the approval of TR-57 in 2009.
Prime Farmlands
• There were no active topsoil salvage or handling operations at the time of the inspection.
• We stopped first at the undisturbed alfalfa field located immediately in front of the Frank
Morgan home (Photo 1). As noted in previous inspection reports, the proximity of the home
to the southern permit boundary has effectively prevented blasting within a certain radius.
Therefore, approximately 1.9 acres of prime farmland within the permit boundary will be left
intact as mining operations skirt the Morgan home.
• As indicated on Soil Baseline Map 2.04.9-1, the soil at this location is thick (-69 inches for
combined A&B Lift material to be salvaged).
• There was some discussion regarding the potential use of the 1.9 acres as a reference area
for Irrigated Cropland post-mining land use. The location is currently planted to alfalfa
cropland, and the stand is very similar in appearance to adjacent areas of the Morgan
property that will be mined. Ms. JoEllen Turner has notified the Division that none of the
Morgan Property will be fenced for use as a reference area. Technical drawbacks
associated with use of the location as a reference area are its relatively small size, and the
fact that it will not be possible to obtain production data from the location to quantitatively
establish equivalence to adjacent areas of the field to be mined. (Neither the potential
reference location nor the adjacent areas of the field will be irrigated until reclamation is
initiated). The small size is a concern, due to the inherent low variability of such a small area
and vulnerability to management variables or other influences that would more likely be
moderated over a larger area. Also, because of the small size, in order to obtain an
accurate production measurement, success demonstration would need to be based on use
of a "small bale" traditional baler for the reference area and the associated reclaimed area,
if whole field harvest is used to demonstrate production success. Alternatively, a quadrat
sampling success demonstration method applied to both the reference area and the
reclaimed area would need to be employed. The reference stand and the reclaimed
alfalfa stand subject to bond release would need to be of similar age at the time of
sampling for success demonstration. The need for use of a soil adjustment factor to be
applied to each bond release block would need to be evaluated. These various
complicating factors favor retention of the currently approved revegetation success
New Horizon Mine C-1981-008 3-May-2010
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