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<br />Ill. 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 />A Bond Release Inspection of the New Horizon Mine SL-12 Phase II and Phase III application was <br />conducted by Marcia Talvitie and Dan Mathews of the Colorado DRMS on Wednesday, 2 June <br />2010. Dan Mathews returned to the mine on Friday, the 4th of June. Ross Gubka represented the <br />operator, Western Fuels - Colorado (WFC), and was present throughout both inspection days. <br />The SL-12 Bond Release Inspection began at 10:30 a.m. at the New Horizon Mine office. <br />Landowners of the various parcels of land being considered for bond release were previously <br />notified of the inspection by the DRMS; none were in attendance. The application maps and <br />text were reviewed in the office, along with pertinent Annual Reclamation Reports. <br />With SL-12, WFC has requested Phase 11 release for approximately 26.8 acres of reclaimed <br />Irrigated Pasture (IP), and Phase III release for approximately 126.1 acres of IP and 23.8 acres of <br />Dryland Pasture (DP). Vegetation sampling to support the bond release application was <br />conducted on the Phase Ill request areas in 2007 and 2008, and on the Phase II request areas in <br />2008 only. The Division previously reviewed the SL-12 application for adequacy. Please refer to <br />the Division's 26 May 2010 letter to WFC for detailed review comments and requests for certain <br />clarifications and revisions regarding revegetation success demonstration comparisons and <br />statistical testing. 4? <br />The inspection on 2 June 2010 included a walk-through of the IP reference area and each of the <br />various reclaimed parcels included in the release request. A number of soil depth <br />measurements using a sharpshooter shovel and hand auger were taken in the Phase II request <br />parcels. Observations made in the various areas observed are described below. <br />Phase III Irrigated Pasture Areas <br />The first parcel walked was Phase III Area 2, a 26.9 acre triangular shaped parcel located south <br />of 5th street (Photo 1), largely owned by Stoats, with a small portion owned by WFC. The parcel is <br />mixed meadow brome and alfalfa predominantly, with lesser components of meadow fescue, <br />alsike clover, orchard grass, and dandelion. One drainage swale through the field was <br />dominated by sedges and cattails. The field was relatively productive compared to other areas <br />observed, but growth was reduced this year compared to typical years because of later than <br />normal irrigation water availability, and weather factors. There were a few scattered patches of <br />Hoary Cress (white-top) weed in the north-central portion of the parcel that had been sprayed <br />earlier this year, and a scattering of live weeds were noted along the margins of the patches in <br />a couple locations. It is evident that control efforts have been applied, and the noxious <br />component of the stand is very minor. <br />The second irrigated parcel viewed (Photo 2) was Phase III Area 1, a 95 acre parcel. Roughly <br />the NE Y. is owned by Goforth, the SE'/. is owned by Benson, and the west'/2 is owned by San <br />Miguel Power (SMPA). The eastern portions of the property supported the some mix of species <br />as described for Area 2. In the western portions of the area, brome was more dominant, with <br />New Horizon Mine C-1981-008 02- and 04-Jun-2010 <br />-1-