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October 23, 2012 C- 2010- 089/Neiv Horizon North Mine MLT <br />Inspection Topic Summary <br />NOTE: Y= Inspected <br />V= Violation Issued <br />N =Not Inspected R= Comments Noted <br />NA =Not Applicable <br />V - Air Resource Protection <br />N - Availability of Records <br />NA - Backfill & Grading <br />NA - Excess Spoil and Dev. Waste <br />NA - Explosives <br />N - Fish & Wildlife <br />V - Hydrologic Balance <br />N - Gen. Compliance With Mine Plan <br />N - Other <br />NA - Processing Waste <br />N -Roads <br />NA - Reclamation Success <br />NA - 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 />NA - Special Categories Of Mining <br />V - Topsoil <br />COMMENTS <br />A partial inspection of the New Horizon North Mine was conducted by Marcia Talvitie of the <br />Division on the afternoon of Tuesday, October 23, 2012. Skies were clear, but conditions were <br />windy with frequent gusts. Ross Gubka, of WFC's New Horizon Mine, accompanied me during <br />the inspection. <br />ACTIVE OPERATIONS <br />• Western Fuels has contracted with Bower Brothers Construction, of Craig, Colorado, to <br />construct Sediment Pond NHN -001 and to salvage and stockpile topsoil from the southern <br />end of the permit area. Following topsoil removal, backfilled spoil placed in the 1980's will <br />be removed and stockpiled, exposing the highwall left by Peabody's Nucla Mine. <br />• Two or three scrapers and a bulldozer were salvaging topsoil from the northwestern corner of <br />the Garvey property, south of the irrigation ditch. "REC" soil from Polygon 42, as illustrated <br />on Map 2.04.9 -3 of the permit, was being salvaged and hauled to the large (southern) topsoil <br />stockpile (Photo 1). <br />• A motor grader was smoothing off the top surface of the northern (81PRO) topsoil stockpile. <br />• As described below and in the enforcment section, all topsoil removal and other mining <br />related disturbance must cease until NOV CV- 2012 -006 and NOV CV- 2012 -007 are <br />terminated. <br />SEDIMENT CONTROL — Rule 4.05 <br />• We observed that construction of the sediment pond and collection ditches had been partially <br />accomplished (Photo 1), but was not completed prior to disturbance of the area. A Notice of <br />Violation is being issued for this infraction as described in the Enforcement Section of this <br />report <br />• No offsite impacts or sedimentation were observed to have occurred. <br />Number of Partial Inspection this Fiscal Year: 5 <br />Number of Complete Inspections this Fiscal Year: 1 Page 2 of 6 <br />