2010-03-31_PERMIT FILE - C1981014A

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2.03.5 COMPLIANCE INFORMATION Neither the applicant, EFCI, nor any subsidiary, affiliate or person controlled by or under common control with EFCI, has had a Federal or State mining permit suspended or revoked. Likewise, the applicant, and subsidiary, affiliate or person controlled by or under common control with the applicant, has not forfeited any mining bond or similaz security deposited in lieu of bond. Since no suspension, revocation or forfeiture has occurred, Section 2.03.5(2) is not applicable. Following is a listing of all notices of violation received by EFCI or other entities having common ownership/ control during the three (3) year period preceding the date of this application for violations of any applicable environmental law, rule, regulation of the United States, or of any Colorado law, rule or regulation enacted pursuant to Federal law, rule or regulation. The date of issuance, identity of the issuing authority, brief description of the violation, actions taken to abate the violation and final resolution are described for each notice of violation. None of the violations listed below were the subject of administrative or judicial proceedings, and all were or are being effectively resolved through the timely, good-faith actions of the operator. Enemy Fuels Coal Inc (EFCI -Southfield Mine and Loadout_(Permit No. C-81-014) NOV CV-2002-007 Issued By: Division of Minerals and Geology Date: April 19, 2002 Description: Failure to permit the light-use road from the Southfield Mine to the Newlin Creek topsoil pile, failure to provide legal right of entry for the road, and failure to properly construct the road. Abatement: EFCI submitted a minor revision to include the section of road from the end of County Road 92, to the Newlin Creek topsoil pile, within Southfield's disturbed area boundary. The revision further included a plan to make minor repairs to the road and add surfacing to control erosion. Resolution: Minor Revision No. 44 was approved 6/3/02, and all required road maintenance was subsequently completed. NOV CV-2002-007 was terminated, the civil penalty of $750 was assessed and paid. 2.03 - 25 Revised: sn3/oa Permit Renewal q04