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WESTERN <br />FUELS <br />ASSOCIATION <br />+INC. <br />The National <br />___ Fuel Supply <br />�� — Cooperative <br />November 8, 2012 <br />ECE►VED <br />Sent via FedEx and Email R <br />Ms. Marcia Talvitie Np� 13 2012 <br />Environmental Protection Specialist Reclamation, <br />Colorado Division of Reclamation, Mining and Safety p;vision of & Sama <br />Durango Field Office D16n9 <br />691 CR 233, Suite A -2 <br />Durango, Colorado 81301 <br />Subject: NOV No. CV- 2012 -007 - Request to Waive Informal Hearing and Written <br />Response to the Violation - New Horizon North (NHN) Mine, Permit No. <br />C- 2010 -089 <br />Dear Ms. Talvitie: <br />In accordance with Section 5.03.2(7) of the Rules and Regulations of the Colorado Mined Land <br />Reclamation Board for Coal Mining (Rules), an informal public hearing shall be held within 30 days <br />of issuance of a notice of violation requiring cessation of mining, unless the operator has waived the <br />holding of such a hearing in writing. Western Fuels Association Inc. (WFA), on behalf of Western <br />Fuels- Colorado, A Limited Liability Company (WFC), requests to waive the opportunity for an <br />informal hearing related to NOV No. CV- 2012 -007. <br />Additionally, this letter provides information in response to Notice of Violation Number CV- 2012 -007, <br />served via certified mail on October 31, 2012 (NOV), and identifies the prompt abatement actions <br />taken or being taken by the operator, WFC, in response to the NOV. <br />Abatement Step 1: Cease topsoil removal operations on or before October 25, 2012. <br />Operator Action: Topsoil removal operations ceased immediately on October 23, 2012. <br />Abatement Step 2: Submit a copy of the Air Pollution Permit as a minor revision to the permit on or <br />before November 15, 2012. <br />Operator Action: An application for a Minor Revision to the permit, including copies of Air <br />Permit documents was submitted to the Division on October 26, 2012 and on November 1, <br />2012. The Division called the application complete and issued a proposed decision to <br />approve MR -1 on November 1, 2012. <br />At the outset it is worth providing some factual context and background leading up to the work <br />activities referenced in the NOV. New Horizon Mine is the sole supplier of coal to Nucla Station, and <br />its coal reserves are nearing exhaustion. Therefore, it needs to expand its operations to an adjacent <br />site known as New Horizon North Mine, for which Mining Permit — Coal, Permit No. C- 2010 -089 has <br />been issued. On September 30, 2010, WFC filed an application with the Division for a permit to <br />address emissions from operations at the New Horizon North Mine (NHN); this application was <br />12050 N. Pecos Street, Suite 100 - Westminster, CO 80234 - Telephone (303) 255 -5800 - Fax (303) 255 -5809 <br />