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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. New Horizon Mine was assessed and paid a civil <br />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 />Attachment 2.03.6-1 presents information where Peabody transferred its rights to <br />all the lease agreements, property deeds to mine coal and rights-of-way <br />agreements to Western Fuels -Colorado, a Limited Liability Company (WFC). On <br />May 11, 2016, Elk Ridge Mining and Reclamation, LLC (Elk Ridge) took over <br />ownership of the New Horizon Mine from WFC. Also included in Attachment <br />2.03.6-1 is the Tri-State board resolution approving the transfer of WFC to Elk <br />Ridge. This document provides Elk Ridge the right of entry to the mine area. <br />None of the rights acquired under any of these documents is the subject of pending <br />litigation. <br />2.03.7 Relationship to Areas Designated Unsuitable for Mining <br />2.03.7(1) Unsuitable Designation Status. <br />A determination was made under the criteria set forth in Section 7.05 that no lands <br />be designated unsuitable for mining at the New Horizon Mine. Furthermore, the <br />Office of Mined Land Reclamation, in the "The Nucla Mine (C-1981-0081) <br />Proposed Decision and Findings of Compliance", January 1983, found that "no <br />Alluvial Valley Floors existed in either the mine area or the potentially affected <br />area associated with New Horizon Mine." <br />Section 2.03 Page 17 March 2017 (TR -79) <br />