2012-10-25_INSPECTION - C2010089

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October 23, 2012 C- 2010- 089/New Horizon North Mine MLT • No additional disturbance or topsoil salvage operations may occur prior to construction and certification of the pond as required by Section 4.05.2(5) and 4.05.6(1)(a) of the Rules. If the pond is constructed as approved by the permit, the certification can be incorporated under a Minor Revision. If, however, any modifications to the design are or have been made, a Technical Revision to the permit will be required Mr. Gubka said that compaction tests were conducted during construction of the pond's embankment. The compaction test results should be included in the engineer certification required by Rule 4.05.9 (14). Culvert pipes for the primary and emergency spillways have been ordered, but the shipment has not yet been delivered to the site. TOPSOIL AND AIR RESOURCE PROTECTION — Rules 4.06, 4.17 and 2.03. 10 • The topsoil material was extremely dry and powdery. We observed that as the scrapers were being loaded, and hauling the topsoil to the stockpiles, the windy conditions resulted in topsoil becoming airborne (Photo 2). The wind was coming from the south, and the cloud of dust was traveling northward across the permit area as far as Meehan Draw. A water truck was being utilized, but did not appear to be having significant effect. • The Division did not observe any topsoil resource being carried by the wind to areas outside the permit boundary. • Western Fuels has not yet submitted a copy of the air permit issued by the state's Air Pollution Control Division. A second Notice of Violation has been issued related to the topics of topsoil and air resource protection. • Topsoil salvage operations shall not recommence until the air permit has been submitted and approved; a Minor Revision to the permit is required for this action. • During the Division's September 13, 2012 inspection, topsoil salvage operations had commenced at the location of pond NHN -001. An aerial inspection was conducted by the Division on October 2, 2012; the Division estimates that approximately 50 acres, including the pond's footprint, had been disturbed by that date. The disturbance due to salvage operations is currently estimated at 70 acres. HYDROLOGIC BALANCE - Rule 4.05 Ground Water Monitoring - 4.05.13 The set of monitoring wells installed this year on the Garvey property (GW -56, -57, and -58) are in an area from which topsoil has now been removed. The depth of topsoil removed has resulted in the wells protruding well above the resultant ground surface (Photo 3). Mr. Gubka said the height above the ground would make it difficult to conduct monitoring activities, and that WFC will be considering their options - possibly cutting off the upper portions of the PVC pipe. Number of Partial Inspection this Fiscal Year: 5 Number of Complete Inspections this Fiscal Year: 1 Page 3 of 6