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May 11, 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 />N - Availability of Records <br />N - Backfill & Grading <br />N - Excess Spoil and Dev. Waste <br />N - Explosives <br />N - Fish & Wildlife <br />R - Hydrologic Balance <br />R - Gen. Compliance With Mine Plan <br />R - Other <br />NA - Processing Waste <br />R -Roads <br />N - Reclamation Success <br />R - Revegetation <br />NA - Subsidence <br />NA - Slides and Other Damage <br />N -Support Facilities On-site <br />Y -Signs and Markers <br />NA - Support Facilities Not On-site <br />R - Special Categories Of Mining <br />R -Topsoil <br />COMMENTS <br />This was a Partial inspection of the New Horizon Mine conducted by Marcia Talvitie of the <br />DRMS. <br />BACKGROUND <br />This inspection was conducted in response to information received by the DRMS from the <br />Denver Field Division of the Office of Surface Mining (OSM) on the morning of May 11, 2011. <br />Specifically, at 9:07 a.m. on May 11, Ken Walker (OSM) left a recorded voice message on the <br />telephone extension for David Berry. Retrieval of the message by Mr. Berry was minimally <br />delayed because Mr. Berry was attending a hearing away from the immediate office location. <br />The 9:07 a.m. message from Mr. Walker indicated that OSM had received a complaint from <br />JoEllen Turner alleging that the operator, Western Fuels - Colorado (WFC) was handling soils in <br />heavy rain. Mr. Walker suggested in the voice mail message that the operations should be shut <br />down. <br />Upon retrieval of the message, Mr. Berry immediately notified Sandy Brown of the issue. Ms. <br />Brown was directed to follow up on the complaint, as Mr. Berry was required to return to the <br />hearing. Ms. Brown did so, and immediately dispatched Marcia Talvitie from the DRMS <br />Durango Field Office to conduct this inspection. Ms. Brown contacted Mr. Walker by phone to <br />inform him of the DRMS's immediate response, and then further confirmed the DRMS's action <br />with an email to Mr. Walker at 9:54 a.m. <br />Mr. Walker responded to the DRMS with a subsequent email to Mr. Berry and Ms. Brown at <br />10:28 a.m. which indicated that Ms. Turner had left a voice message (and sent a fax) to the OSM <br />complaining about topsoil salvage in wet conditions. The fax, as transcribed by OSM in the <br />10:28 a.m. email to the DRMS, read as follows: "It is a quarter to nine. Last night it was raining <br />and they were finishing up our A Lift, having to scrap the beds of the truck. Today, it is pouring <br />down rain, and the shovel is sliding, and the Cat is pushing our B Lift. By the time the State <br />sends Marcia five days from now, it will be 70 degrees, bone dry, and we will be done." <br />Later in the day, Mr. Berry also contacted Mr. Walker by telephone to confirm the response <br />undertaken by the DRMS. At no time during any of the telephone conversations with OSM, nor <br />in subsequent emails, was it mentioned by OSM that a Ten-Day Notice would be issued. <br />Number of Partial Inspection this Fiscal Year: 8 <br />Number of Complete Inspections this Fiscal Year: 3 Page 2 of 14