2013-08-30_PERMIT FILE - C2010089A ‎(5)‎

• Permit No: C2010089A
• IBM Index Class Name: PERMIT FILE
• Doc Date: 8/30/2013
• Doc Name: Legal, Financial, & Compliance
• Section_Exhibit Name: Section 2.03
• Media Type: D
• Archive: Yes

Violation Issuing Agency — Colorado Division of Reclamation, Mining and Safety
Reason for Issuance — Failure to use approved seed mix for the dry land pasture;
failure to report the species planted during 2009 in the Annual Report; and failure
to provide specific seed mix, seed tag, invoice or other comparable documents
Current Status — WFC submitted the required information on the seed mix and
document. WFC also submitted an application for minor revision committing to
provide the required information on species in the Annual Reclamation report.
WFC was assessed, and paid, a civil penalty of $500.00.
Name of Operation — New Horizon Mine
Violation No. — CV- 2010 -003
Date of Issuance — June 17, 2010
Name of Person Violation was issued to — Ross Gubka
Violation Issuing Agency — Colorado Division of Reclamation, Mining and Safety
Reason for Issuance — Failure to conduct sampling and analysis of re- distributed
subsoil and topsoil in accordance with the approved permit
Current Status — WFC submitted the required information on the subsoil and
topsoil. WFC was assessed, and paid, a civil penalty of $1,200.00.
2.03.6 Right of Entry and Operation Information
The area to be mined consists of three parcels located in the W '/2 of Section 25,
bounded by Montrose County Roads Z, 2600, AA, and 2650. The permit area also
includes an equipment corridor connecting the NHN permit area to the New
Horizon Mine permit area, crossing lands own by WFC
2.03.6 -1 Appendix 2.03.6 -1(a) through 2.03.6 -1(f) at the end of this section give the
following information to evidence right of entry for mining:
1. Appendix 2.03.6 -1(a). Memorandum of Surface Lease and Purchase Agreement
dated August 7, 2009 between Garvey & Co., a Colorado General Partnership
and Western Fuels- Colorado, a Limited Liability Company. The lease pertains
to the surface at SW1 /4, Section 25, T47N, R16W, NMPM. The lease gives
WFC right to enter and mine the property. Garvey & Co. has subsequently
changed the name to Garvey & Co. LLC. A letter informing of the change is
attached behind the lease agreement.
2. Appendix 2.03.6 -1(b). This Appendix includes two documents; (1)
Memorandum of Escrow Purchase Agreement dated June 27, 1978 between
Donald J. Rice and Marianna Rice ( "Sellers ") and Peabody Coal Company
( "Buyer "). Under this agreement Sellers sold to Buyer their rights to coal under
W1 /2SW1 /4, Section 25, T47N, R16W, NMPM and (2) Addendum to Escrow
Purchase Agreement between Donald J. Rice and Marianna Rice ( "Sellers ")
and Peabody Coal Company ( "Buyer ") dated 10`h day of February, 1992 where
Peabody, with Sellers' consent, transferred its rights to the asssets to Western
Section 2.03 Page 11 July 2013 (TR 03)
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