2016-01-07_PERMIT FILE - C2010089A (2)

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2.03.4(8) Name of Proposed Mine. MSHA ID. The name of the mine is New Horizon North Mine. The MSHA ID is 05-00299. 2.03.4(9) Interest in contiguous Lands Maps 2.03.4-1 and 2.03.4-2 show ownership in the areas contiguous to the permit boundary. The applicant is in discussion with three land owners (Carver, Chiles and Nygren) to acquire their properties for future mining. They are designated by numbers 53, 67 and 11, respectively in the maps. 2.03.5 Compliance Information The applicant, any subsidiary, affiliate, or persons controlled by or under common control with the applicant have not had a Federal or State mining permit suspended or revoked in the last five years or forfeited a mining bond or similar security. Western Fuels -Colorado, New Horizon Mine has received the following violations during the last three years. No other operations identified in Section 2.03.4(4)(a) have received violations in the past three years. Mine Name/Permit Number: New Horizon North, C-2010-089 Violation Number/Date oflssuance: CV -2012-006, October 23, 2012 Issuing Agency: Colorado Department of Reclamation, Mining and Safety Nature of Violation: Failure to Protect the Hydrologic Balance in compliance with the Regulations. Failure to pass surface drainage from the disturbed area through a sedimentation pond before leaving the permit. Failure to submit an engineer certification that the pond has been constructed as designed. Current Status: Abatement Step #1 was satisfied on October 23, 2012, when topsoil salvage operations were brought to a halt. Abatement Step #2 was accomplished on November 30, 2012 when the Division was notified that construction of the pond had been completed. Abatement Step #3 was satisfied on December 5, 2012 when the Division determined that the as -built certification will be reviewed as a MR -02 to the permit. WFC was assessed and paid a civil penalty of $1,250. Mine Name/Permit Number: New Horizon North, C-2010-089 Violation Number/Date of Issuance: CV -2012-007, October 23, 2012 Issuing Agency: Colorado Department of Reclamation, Mining and Safety Nature of Violation: Failure to protect the physical properties of topsoil from wind erosion. Failure to submit other permits and licenses in compliance with the New Horizon North Permit No. C-2010- 089 and with the Regulations. Section 2.03 Page 12 Sept. 2015 (TR -11)