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2.03.5 Compliance Information <br />The applicant, any subsidiary, affiliate, or persons controlled by or under common <br />control with the applicant have not had a Federal or State mining permit <br />suspended or revoked in the last five years or forfeited a mining bond or similar <br />security. <br />Western Fuels -Colorado, New Horizon Mine has received the following <br />violations during the last three years. No other operations identified in Section <br />2.03.4(4)(a) have received violations in the past three years. <br />Mine Name/Permit Number: New Horizon North, C-2010-089 <br />Violation Number/Date oflssuance: CV -2013-003, March 29, 2013 <br />Issuing Agency: Colorado Department of Reclamation, Mining and Safety <br />Nature of Violation: Failure to confine operations to lands within the permit area. <br />Current Status: TR -03 was submitted to abate the violation and was approved by <br />DRMS on Sep. 17, 2013. WFC was assessed and paid a civil penalty of $850. <br />Mine Name/Permit Number: New Horizon North, C-2010-089 <br />Violation Number/Date of Issuance: CV -2014-004, June 3, 2014 <br />Issuing Agency: Colorado Department of Reclamation, Mining and Safety <br />Nature of Violation: Significant differences were identified between as -built <br />documentation for NHN-001 East and West Ditches compared to observations <br />made during a complete inspection and combined OSM oversight inspection <br />conducted on June 3, 2014. The as -built documentation does not accurately <br />replicate observed ground conditions regarding the construction of the NHN-001 <br />East and West ditches. <br />Current Status: TR -07 was submitted to abate the violation and was approved by <br />DRMS on Dec. 16, 2014. WFC was assessed and paid a civil penalty of $500. <br />2.03.6 Right of Entry and Operation Information <br />2.03.6(1) Attachment 3-11 of the New Horizon 1 Mine Reclamation Permit presents <br />information concerning the lease agreements or property deeds to mine coal and <br />rights-of-way agreements to enter the mine area. This information describes the <br />legal rights under which Peabody, the previous owner, was permitted to enter and <br />begin surface mining activities. They further specifically identify the type and date <br />of execution, specific lands to which each document pertains, and explain the legal <br />rights held by Peabody. <br />January 2016 (MR -96) 2.03-14 <br />