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during reclamation of areas previously disturbed. Permitted disturbed areas, underlain by refuse, <br />whether pre -law or post -law, will receive topsoil prior to re- seeding and mulching. Permitted disturbed <br />areas not on refuse material will be ripped prior to reseeding and mulching. See Maps 15 and 16 for <br />specific identification of these two types of disturbed areas. <br />The post - mining land use is rangeland for most of the disturbed area and wildlife habitat (upland and <br />riparian) for the remainder of the disturbed area. These land uses are compatible with the surrounding <br />uses. The proximity of the mine site to the Purgatoire River and the heavily forested areas to the south <br />indicate a high probability of wildlife use following reclamation. Riparian vegetation, as well as the use <br />of native grasses and shrubs, is planned. <br />Operations at the Jansen Loadout will be limited to the weighing of coal trucks, unloading and <br />stockpiling of coal, and conveying and loading of coal into unit trains. The operator estimates that <br />24,000 tons of coal can be stored at the site. The operator will utilize covered coal conveyors and water <br />spray to minimize fugitive dust. Storm water runoff is handled by the existing grade and a series of <br />ditches and small sumps. One small fuel tank will be stored at the site. Mine identification signs will be <br />posted at the entrance to the site on the west side and the perimeter area will be marked. <br />The pre - mining and post- mining land use at the Jansen Load out is industrial. When the Jansen Loadout <br />is no longer necessary for loading on coal, all structures, except those specifically identified in <br />Attachment 2 of Exhibit 40 for permanent retention, will be removed and the site will be graded and <br />returned to a rail siding for use by the landowner. <br />Section IV: ENFORCEMENT ACTIONS <br />NOV CV -2011 -003: Issued August 3, 2011 for failure to obtain a permit prior to conducting surface <br />coal mining and reclamation operations. Failure to contain areas disturbed by surface coal mining and <br />reclamation operations within the boundaries authorized on permit application maps. Failure to include <br />in the approved permit application an accurate map or plan clearly showing the boundaries of land to be <br />affected. Failure to include in the permit application a plan where appropriate for backfilling, grading, <br />compacting, soil stabilization, and revegetation of all affected lands within the proposed permit area. <br />Failure to conduct all surface coal mining and reclamation operations only as described in the approved <br />application. Failure to comply with the terms and conditions of the permit, all applicable performance <br />standards of the Act, and the requirements of the Rules. This notice of violation was terminated <br />November 4, 2011. <br />NOV CV- 2011 -006: Issued December 16, 2011 for failure to maintain culverts, ditches and a secondary <br />pond spillway. This notice of violation was terminated December 22, 2011. <br />NOV CV -2011 -007: Issued December 16, 2011 for failure to conduct surface coal mining operations <br />only as described in the approved application, and failure to have a copy of the third quarter 2011 refuse <br />pile inspection report on file at the mine office in Trinidad, CO. This notice of violation was terminated <br />January 11, 2012. <br />NOV CV- 2011 -008: Issued December 16, 2011 for failure to obtain final approval of a technical <br />revision for surface coal mining operations prior to their implementation. And for failure to have <br />salvaged topsoil prior to the construction of two unapproved light use roads. This notice of violation <br />was terminated February 24, 2012. <br />0 <br />