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New Horizon Mine, C-1981-008 <br />Ten Day Notice #X11-140-182-003 <br />April 8, 2011 <br />Page 2 <br />machines to the public. Individuals are allowed to bring in portable scanners or portable copy machines to <br />make copies of documents. <br />As a courtesy to the Morgan's and Ms. Turner, the Division and WFC provided them with copies of all PR6 <br />review correspondence and permit revision documents during the course of the review. This was done at <br />the Division's and WFC expense. <br />Furthermore, pursuant to Rule 5.02.4(1), which requires that "Copies of all records, reports, inspection <br />materials, or information obtained under these rules ............ shall be immediately available to the <br />public.....", all New Horizon Mine permit records are available at the mine office during regular business <br />hours. <br />It is the Division's finding that the alleged violation does not exist. Western Fuels-Colorado is in compliance with <br />the Colorado Rules for Surface Coal Mining and Reclamation and they are in compliance with their permit, Permit <br />No. C-1981-008. <br />3. Citizen alleges that subsoil sampling activities are not conducted appropriately. <br />No dates of sampling, sample results, evidence, or photos were provided to support the allegations. Without this <br />information, the Division does not have sufficient detail to understand when or where the alleged violation took <br />place. In absence of specific evidence, the Division will provide a summary of subsoil sampling activities. <br />WFC is required to sample replaced subsoil according to the approved plan in Section 2.05.4(2)(d) of the permit. <br />Results of the sampling are kept on file at the mine office and are submitted to the Division in the Annual <br />Reclamation Report (ARR). The approved sampling plan does contain provisions for evaluating areas where there <br />may be an exceedance in one of the parameter levels. Section 2.05.4(2)(d), Subsection 5.0 of the permit describes <br />the 'Unsuitable Spoil Mitigation Plan'. This plan requires WFC to retest any areas where an exceedance is <br />observed to evaluate the extent of the problem. Appropriate mitigation may be required when an exceedance <br />exists. <br />During the Division's review of the 2009 ARR, several discrepancies between the approved sampling plan and the <br />actual sampling that occurred were noted. As a result, the Division issued NOV CV-2010-003 on June 23, 2010. <br />WFC abated the violation and the NOV was terminated on September 15, 2010. <br />In 2010, subsoil sampling was conducted by Walsh Engineering. The results of last year's sampling were <br />submitted to the Division in the 2010 ARR on March 14, 2011. The Division is evaluating the results of last year's <br />sampling efforts. <br />A complete inspection of the mine site was conducted on March 29-30, 2011. No sampling activities were taking <br />place during the inspection. <br />It is the Division's finding that there is no evidence at this time to indicate that the alleged violation exists. <br />Western Fuels-Colorado is in compliance with the Colorado Rules for Surface Coal Mining and Reclamation and <br />they are in compliance with their permit, Permit No. C-1981-008.