2016-07-07_PERMIT FILE - C1981019A (2)

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Neither the applicant nor a subsidiary or affiliate or persons controlled by or under common control with the applicant has (a) had a Federal or State mining permit suspended or revoked in the last five years; or (b) forfeited a mining bond or similar security deposited in lieu of bond. The Dry Fork Mine (Wyoming DEQ Permit 599-T) has not received any notices of violation in the last three years. The New Horizon Mine (C-1981-008) received the following violation notices during the last three years: Name of Operation — New Horizon Mine Date of Issuance of Compliance Advisory letter — December 28, 2008 Name of Person Violation was issued to — Ross Gubka Violation Issuing Agency — Colorado Air Pollution Control Division Reason for Issuance — Exceedence of daily coal production limit, no. of blasts per day and coal stockpiling limit Current Status — WFC fully cooperated with the investigation with APCD and agreed to a settlement, without constituting an admission of violation, on March 18, 2009 to bring the mine into compliance by applying for a revision to the air pollution permit and by paying a reduced fine of $700.00. Name of Operation — New Horizon Mine Violation No. — CV -2010-002 Date of Issuance — May 3, 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 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. Exhibit 2-26 Revision Date: 10/26/11 Revision No.: MR -113