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March 29, 2013 C- 2010- 089/New Horizon North Mine MLT <br />• During the 2012 irrigation season, certain challenges arose, and Mr. Gubka explained that WFC has <br />hired a contractor to modify the division box with the addition of additional screens, among other <br />things. A crew was working on the placement of concrete forms at the time of our inspection (Photo <br />1). <br />• A second modification to the CCC Ditch involved relocation of the Parshall flume to a point on the <br />ditch further upstream of the division box (Photo ). This move was made in order to allow the <br />velocity of the flow to be reduced somewhat, prior to the ditch's entering the division box. <br />• Mr. Gubka said that the CCC Ditch will be turned "ON" on April 15, 2013. <br />• Pond NHN -001 was dry at the time of the inspection. <br />GENERAL MINE PLAN COMPLANCE: <br />• No operations were active at the site during the inspection. <br />OTHER (OFF -SITE DAMAGE): <br />The primary spillway for Pond NHN -001 discharges into a pre- existing 24" culvert pipe that passes <br />beneath County Road AA, which forms the southern boundary of the permit area. We observed that <br />an area south of the county road, outside of the permit area, has been disturbed to construct a Parshall <br />flume and associated ditch for the purpose of measuring and sampling any flow leaving the pond (a <br />requirement of the mine's discharge permit). This disturbance (Photos 3 and 4) is outside of the <br />approved permit boundary. <br />• NOV CV -2013 -003 is being issued for, "Failure to confine surface coal mining and reclamation <br />operations to lands within the permit area." See the Enforcement section below for details. <br />Number of Partial Inspection this Fiscal Year: 8 <br />Number of Complete Inspections this Fiscal Year: 3 Page 3 of 7 <br />