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RECEIVED <br />NOV 015 2012 <br />Division of r�,eciamation, <br />Mining and Safety <br />f � <br />t <br />COLORADO DEPARTMENT OF PUBLIC HEALTII ANi'' <br />ENVIRONMENT <br />AIR POLLUTION CONTROL DIVISION <br />STATIONARY SOURCES PROGRAM <br />COMPLIANCE ORDER ON CONSENT Case No. 2012 -119 <br />In the Matter of Western Fuels — Colorado A Limitcd Liability Company <br />The Colorado Department of Public Health and Environment ( "CDPHE "), through the <br />Air Pollution Control Division ("Division "), issues this Compliance Order on Consent ( "Consent <br />Order ") pursuant to the Division's authority under § 25- 7- 115(3)(b), C.R.S. of the Colorado Air <br />Pollution and Prevention and Control Act (`the Act ") §§ 25 -7 -101 to 1309, C.R.S., and its <br />implementing regulations, 5 C'CR 1001, et seg ( "the Regulations ") with the express consent of <br />Western Fuels -- Colorado, A Limited Liability Company ( "WFC "), owner and operator of the <br />New Horizon Mine which is located 27850 W. 5 "' Road, Nucla CO 81424, immediately west of <br />the town of Nucla, Montrose County, Colorado. The Division and WFC may be referred to <br />collectively as "the Parties." <br />I. STA'T'EMENT OF PURPOSE. <br />The mutual objectives of the Parties in entering into this Consent Order are: <br />1. To establish compliance requirements and criteria for the conduct of the Phase. <br />One preparatory work in connection with the expansion of the New horizon Mine activities onto <br />the New Horizon North property ( "the Facility "); and <br />2. To address potential violations of the Act and the Regulations identified herein <br />and as determined by the Division and described below. <br />II. DIVISION'S FINDINGS OF FACT AND DETERMINATION OF POTENTIAL <br />VIOLATIONS <br />Based upon the Division's investigation into the matters identified herein as well as <br />review of inforniation provided by WFC, and in accordance with § 25 -7- 115(3), C.R.S., the <br />Division has made the following determinations regarding potential violations of regulatory, <br />statutory and/or permit requirements associated with the Facility. <br />3. At all times relevant to the matters addressed herein, WFC was an LLC in good <br />standing and registered to conduct business in the State of Colorado. <br />4. WFC owns and operates the New Horizon Mine. The New Horizon Mine is <br />subject to the Act, the Regulations, and Colorado Construction Permit No. 88MO234F ( "Permit <br />Number 88M0234F "). <br />2130495.5 <br />