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December 11,2012 C-1981-008/New Horizon Mine MLT <br /> AVAILABILITY OF RECORDS —Rule 5.02.4(1): <br /> • On the morning of December 12, I visited the Montrose County Courthouse Nucla Annex, <br /> where permitting documents are to be made available for public review. For this mine, there <br /> were a number of items still posted for which the public comment period had lapsed and the <br /> revisions have been already approved. I collected these items, and gave them to the clerk to <br /> be made available for to Western Fuels to retrieve. The application package for Permit <br /> Renewal No. 6 (RN-06)was on the shelf, as was the multi-volume set of permit binders. <br /> BACKFILL and GRADING—Rule 4.14 <br /> Contemporaneous Reclamation 4.14.1; Approximate Original Contour 4.14.2; Highwall <br /> Elimination 4.14.1(2)(f); Steep Slopes 4.14.2, 4.27; Handling of Acid and Toxic Materials <br /> 4.14.3; Stabilization of Rills and Gullies 4.14.6: <br /> • The operator continues to make progress in backfilling of the final pit on the Morgan <br /> property, using Bench 2 overburden excavated from the northern pit on WFC's property. <br /> The Morgan pit is being filled from south to north; the backfill has nearly reached the <br /> location of the dewatering pump at the bottom of the pit ramp (Photo 1). <br /> • The backfilled area behind (east of) the Morgan pit has been graded to a smooth, gently <br /> sloping surface in preparation for the subsequent redistribution of Bench 1 surface spoil <br /> (Photo 2). The Bench 2 surface appears to mirror well the topography of the undisturbed <br /> lands to the south and west. <br /> • Backfill behind the pit on the WFC property (Photo 3) is beginning to reflect the basin- <br /> shaped topography as shown on Map 2.05.4-1 of the permit. <br /> EXPLOSIVES—Rule 4.08 <br /> Distance Prohibitions 4.08.4; Warnings 4.08.4; Control of Adverse Effects 4.08.4: <br /> • An array of drill holes had been completed on the northernmost end of the current cut (Photo <br /> 4). <br /> FISH and WILDLIFE—Rule 4.18: <br /> • We sighted a number of mule deer throughout the permit area, including several very nice <br /> bucks. <br /> • A variety of waterfowl were congregating at Pond 013 (Photo 5). <br /> GENERAL MINE PLAN COMPLANCE: <br /> • The length of the pit has been shortened considerably as the active operation passes to the <br /> north of Enstrom Draw. <br /> • The overburden, both"Bench 1" and "Bench 2", is thinner than it was further to the east. A <br /> resilient caprock was visible atop the highwall where the mine's shovel was parked (Photo <br /> 6). <br /> • Mr. Gubka said the quality of coal has diminished as mining has moved westward, although <br /> they are still able to utilize both the upper and lower seams. <br /> Number of Partial Inspection this Fiscal Year: 5 <br /> Number of Complete Inspections this Fiscal Year: 2 Page 3 of 7 <br />