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March 15, 2012 C- 1981- 008/New Horizon Mine <br />MLT <br />Inspection Topic Summary <br />NOTE: Y= Inspected N =Not Inspected R= Comments Noted <br />V= Violation Issued NA =Not Applicable <br />Y - Air Resource Protection R -Roads <br />R - Availability of Records <br />R - Backfill & Grading <br />NA - Excess Spoil and Dev. Waste <br />R -Explosives <br />R - Fish & Wildlife <br />R - Hydrologic Balance <br />R - Gen. Compliance With Mine Plan <br />R - Other <br />NA - Processing Waste <br />Y - Reclamation Success <br />R - Revegetation <br />NA - Subsidence <br />NA - Slides and Other Damage <br />Y - Support Facilities On -site <br />Y - Signs and Markers <br />NA - Support Facilities Not On -site <br />R - Special Categories Of Mining <br />Y - Topsoil <br />COMMENTS <br />This was a Complete Inspection of the New Horizon Mine conducted by Marcia Talvitie of the <br />DRMS on Thursday, March15 and Friday, March 16, 2012. The inspection was conducted as a <br />routine part of the Division's I & E program. The timing of the inspection was scheduled in <br />order to respond in a timely manner to a Citizen Complaint (details provided below) received <br />from JoEllen Turner and Michael Morgan (Turner- Morgan). <br />Tom Fry was available to accompany me into the field on the 15th; on the 16th, I was <br />accompanied by Ross Gubka. <br />For the field portion of the inspection, skies were clear, temperatures were mild, and there was <br />very little wind blowing. <br />PERMITTING UPDATE: <br />During the Division's review process of the application for WFC's New Horizon North Mine, it <br />was revealed that there have been changes made to the board of Tri-State Generation. The New <br />Horizon Mine permit should be revised to reflect those changes, as well as Western Fuels' <br />acquisition of the Colowyo Coal Mine. In addition, WFC has communicated verbally that three <br />separate parcels within the permit have recently changed ownership, i.e. Benson -South (now <br />Staats), Lloyd (now WFC), and San Miguel Power Association (now Guire). Please submit all <br />application for a Minor Revision to update permit Sections 2.03.4(3), 2.03.4(4), and 2.03.4(6), <br />including Map 2.03.4 -1, to reflect any changes that have occurred <br />TR -62: The Division received OSM's review comments on March 5, 2012 and from Ms. Turner <br />and Mr. Morgan on March 6. There were no objections to TR -62. The Division will not be <br />issuing an adequacy review letter, and will issue a proposed decision to approve this revision in <br />the near future. <br />SL -12: WFC has communicated verbally that the SL -12 application may be withdrawn, and <br />replaced with a new application that will include more recent vegetation sampling (2009 thru <br />2012) and a larger portion of the reclaimed area. <br />Number of Partial Inspection this Fiscal Year: 8 <br />Number of Complete Inspections this Fiscal Year: 3 Page 2 of 12 <br />