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°I °RH a° COLORADO DIVISION OF RECLAMATION MINING AND SAFETY <br />RECLAMATION <br />MI &NC 1313 Sherman Street, Room 215, Denver, Colorado 80203, (303) 866 -3567 <br />SAFETY <br />NOV No. CV- 2012 -006 <br />Permit No.: C- 2010 -089 <br />Type of Mine: Surface <br />Operator (If <br />Other than <br />Permittee): <br />Mail Address: <br />Inspector: Marcia L. Talvitie, P.E. <br />Person Served: David Anderson, P.L.S. <br />NOTICE OF VIOLATION <br />Mine: <br />New Horizon North Mine <br />County: <br />Montrose <br />Permittee: <br />Western Fuels- Colorado, LLC <br />Mail Address: <br />P.O. Box 628 <br />Nucla, CO 81424 <br />Date /Time of <br />Tuesday, October 23, 2012 <br />Inspection: <br />2:30 p.m. to 3:20 p.m. <br />Served by: Marcia L. Talvitie <br />(Signature of Authorized Representative of the <br />Division of Reclamation, Mining and Safety) <br />(Signature of Person Served) <br />(Please Print Name and Title) <br />CERTIFIED MAIL Date and <br />NO. 7009 2820 0003 5700 6625 Time of October 26, 2012 8:30 A. M. <br />Service: <br />The Division of Reclamation, Mining and Safety ( "the Division ") has conducted an inspection of the <br />above mine and has made the findings stated in the attached schedule and has found violations of the <br />Colorado Surface Coal Mining Reclamation Act, or violations of required permit conditions, listed in the <br />attached schedule. This notice constitutes a separate notice of violation for each violation listed. <br />You must abate each of these violations within the designated abatement time. Where the remedial <br />action requires submission of plans, the plans are to be submitted to the Division within the designated <br />time. You are responsible for doing all work in a safe manner in compliance with all applicable laws <br />and regulations. <br />The undersigned finds that cessation of mining is X is not expressly, or in practical effect, <br />required by this notice. For this purpose, "mining" means extracting coal from the earth or from a waste <br />pile and transporting it within or from the mine site. <br />C.R.S. 1973, 34 -33- 123(8) provides for imposition of civil penalties of up to $5,000 for each violation <br />and provides that each day of continuing violation may be deemed a separate violation. <br />Important: Please read the reverse side of this page. <br />