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

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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 when the Division issued its proposed decision to approve MR -01 on November 2, 2012. WFC was assessed and paid a civil penalty of $750. Mine Name/Permit Number: New Horizon North, C-2010-089 Violation Number/Date of Issuance: CV -2013-003, March 29, 2013 Issuing Agency: Colorado Department of Reclamation, Mining and Safety Nature of Violation: Failure to confine operations to lands within the permit area. Current Status: Abatement Step #1 was satisfied when the Division issued its proposed decision to approve TR -03 on September 3, 2013. WFC was assessed and paid a civil penalty of $850. Mine Name/Permit Number: New Horizon North, C-2010-089 Violation Number/Date of Issuance: CV -2014-004, June 3, 2014 Issuing Agency: Colorado Department of Reclamation, Mining and Safety Nature of Violation: Significant differences were identified between as -built documentation for NHN-001 East and West Ditches compared to observations made during a complete inspection and combined OSM oversight inspection conducted on June 3, 2014. The as -built documentation does not accurately replicate observed ground conditions regarding the construction of the NHN-001 East and West ditches. Current Status: Abatement Step #1 was satisfied on February 27, 2015, when WFC obtained approval of a Technical Revision revising the original approved designs, in compliance with the requirements of Rule 2.05.3(4)(d), so as to conform to the on -the -ground construction. WFC was assessed and paid a civil penalty of $500. 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 N14N 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 SWI/4, Section 25, T47N, R16W, NMPM. The Section 2.03 Page 13 Sept. 2015 (TR -11)