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111. 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 /> Prior to inspecting the SL-12 release request areas, the IP reference area was observed on the <br /> morning of 2 June 2010. Upper (northern) portions of the reference area are flood irrigated using <br /> two separate east/west oriented gated pipes,with corrugates running south from each pipe <br /> (Photo 6). The north end of the reference area is irrigated from the upper pipe and the middle <br /> portion of the reference area is irrigated from the lower pipe. The southern 1/3 or so of the <br /> reference area is irrigated by diversion out of an open ditch that runs north to south, parallel to <br /> the eastern fence line,with corrugates running from NE-SW across the lower portion of the <br /> reference area. The upper sections of the reference area had been irrigated, but water had <br /> not yet been turned into the section of the ditch for irrigation of the lower 1/3 or so of the <br /> reference area. The lower area contains some of the more productive grass stands in the <br /> reference area, on the Barx soil, but at the time of the inspection,grasses in the area were at an <br /> early stage of growth, only 6 to 12" in height (Photo 7). Production was variable, but generally <br /> higher in other areas of the reference site that had been irrigated. The irrigation delay was <br /> apparently due both to the late turn out of irrigation water into the CCC ditch this spring,and <br /> family illnesses affecting the work schedule of the contract irrigator. Spring temperatures have <br /> been cooler than normal,which may also have affected plant growth. <br /> This concludes the SL-12 Bond Release portion of the inspection. <br /> 4-June 2010 follow-up InzpaZfign <br /> On the 41h of June, Dan Mathews conducted a follow-up inspection at the New Horizon Mine, <br /> primarily to view reclaimed irrigated pasture areas that WFC had scheduled to be sampled for <br /> Phase III bond release during the week of June 7, and also to collect subsoil and upper <br /> overburden ("Bench 1") samples to assist in permitting evaluations. The inspection began with a <br /> walk through of the Irrigated Pasture (IP) reference area. Observations made in the various <br /> areas observed are described below. <br /> Irrigated Pasture Reference Area <br /> As noted during inspection on 2 June 2010,the lower (southern) portion of the reference area <br /> (approximately 1/3 of the area) had not yet been irrigated. On the evening of June 3rd,water <br /> was diverted from the open ditch (Photo 8) to irrigate the first segment of the lower portion of <br /> the reference area. Mr. Gubko estimated it would take approximately 5 days to complete the <br /> initial irrigation of the lower area. Water from the CCC ditch became available the 2^d week of <br /> May this year. According to Chris Stoats,contract farmer for WFC (who was encountered during <br /> inspection of the reclamation later in the day),the turnout date was approximately 1 month <br /> later than normal. Due primarily to the late start of the irrigation season, plant growth and stage <br /> of development in the irrigated pasture reference area and irrigated reclamation areas (as well <br /> as adjacent irrigated lands dependent on CCC ditch water) was suppressed. As a result, the 1 St <br /> cutting of hay from irrigated fields,which is in early June most years,will be set back by several <br /> weeks this year. The approved permit specifies that sampling for bond release on the reference <br /> area and reclaimed lands will be conducted in late May to early June immediately prior to 1-0 <br /> cut harvest of the reclaimed fields Due to the delayed availability of inigaHon water and <br /> New Horizon Mine C-1981-008 02-and 04-Jun-2010 <br /> -4. <br />