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January 14, 2011 C-1981-008?New Horizon Mine MLT <br />Inspection Topic Summary <br />NOTE: Y=Inspected; N=Not Inspected; R=Comments Noted; V=Violation Issued; NA=Not Applicable <br />Y -Air Resource Protection <br />R -Availability of Records <br />R - Backfill & Grading <br />NA - Excess Spoil and Dev. Waste <br />N - Explosives <br />R - Fish & Wildlife <br />R - Hydrologic Balance <br />Y - Gen. Compliance With Mine Plan <br />R - Other <br />NA - Processing Waste <br />Y - Roads <br />N - Reclamation Success <br />N - Revegetation <br />NA - Subsidence <br />NA - Slides and Other Damage <br />N - Support Facilities On-site <br />N - Signs and Markers <br />NA - Support Facilities Not On-site <br />R - Special Categories Of Mining <br />j R - Topsoil <br />COMM + NTS <br />GENERAL INFORMATION: <br />• I informed Mr. Gubka that on 12-Jan-2011 the Division had been issued a Ten-Day Notice <br />by the Office of Surface Mining based on Citizen Complaints that agency received from Ms. <br />JoEllen Turner. Western Fuels had not receiveed a copy of the TDN. <br />• Mr. Gubka indicated that WFC has submitted Ian "APEN" application to the CDPHE Air <br />Pollution Control Division for renewal of the mine's Emissions Permit. <br />• The CDPHE Water Quality Control Division has not yet responded to WFC's inquiry about <br />Acute vs. Chronic W.E.T. requirements for the mine's discharge permit. <br />• The area had received some fresh snow recently. The surface of the ground was covered <br />with approximately 2 inches of snow, with the exception of slopes facing south. The <br />temperature was in the low 30's at the time oflthe inspection. <br />BACKFILL and GRADING - Rule 4.14: <br />• The mine's shovel was at work down inside the pit, on Morgan property, loading haul trucks <br />with blasted interburden. The trucks were hauling the material to the backfill area behind the <br />pit, where it was then dumped. (Photo 1) <br />FISH and WILDLIFE - Rule 4.18: <br />I <br />• A herd of elk was sighted on the reclaimed area north of Pond 007. <br />• Numerous Canada geese and several ducks were taking advantage of Pond 011, which was <br />not frozen over. (Photo 2) <br />HYDROLOGIC BALANCE - Rule 4.05: <br />• Pond 007 was frozen on the surface, due to the unusually low temperatures experienced <br />recently. <br />• Access to Ponds 012 and 013 was not attempt?d due to the slippery conditions (snow and <br />melting snow). <br />• Pond 011 continues to receive flow from the it dewatering operations, and was discharging. <br />Number of Partial Inspection this Fiscal Year: 5 <br />Number of Complete Inspections this Fiscal Year: 2 j Page 2 of 7