2012-11-13_ENFORCEMENT - C2010089

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acknowledged and assigned permit number 10MO2275F by the APCD on October 19, 2010. However, to date, the APCD has not finalized its review of processing of this permit application. This year WFC needed to begin NHN site - preparation activities in order to be able to stay on schedule for the opening of and production of coal from NHN in time to prevent disruption of the coal supply to Nucla Station, including top soil removal and placement in a stockpile. In order to begin this site - preparation work, the operator entered into a negotiated Compliance Order on Consent with the APCD. Specifically, on August 14, 2012, a Compliance Order on Consent (2012 COC) was entered into between the Colorado Air Pollution Control Division (APCD) and WFC, the owner and operator of both the New Horizon Mine (NHM) and the New Horizon North Mine (NHN). The 2012 COC authorized the operator to engage in certain site - preparation activities during the pendency of the APCD's review of NHM's permit application at the APCD. Specifically, the 2012 COC authorizes the operator to engage in activities labeled as "Phase I Work," enumerated in Paragraph 8 of the 2012 COC. The Phase I Work includes, among other things, the removal of approximately 220,000 cubic yards of topsoil. The operator is required pursuant to the 2012 COC to employ fugitive dust suppression measures for the Phase I Work activities in a manner that complies with the requirements of the Mining Permit, Permit No. C- 2012 -089, and the existing Construction Permit, Permit No. 88MO234F (the Permits). The Phase I Work activities commenced the week of September 4, 2012 with the placement of a water tank to load the truck for dust control application, and the construction of a collector ditch to contain surface runoff. As of the date of the inspection by the Division of Reclamation, Mining and Safety (DRMS), approximately 90 percent of the sediment pond construction work had been completed, and approximately 65 percent of the total Phase I Work Activities had been completed. At all times Phase I Work activities were being conducted, including the date of the inspection, fugitive dust mitigation measures were utilized by the operator through the diligent application of water sufficient to keep work areas, haul roads and stockpiles from releasing dust off the permit area or on to adjacent property. These fugitive dust mitigation measures, as utilized during the Phase I Work activities, were in compliance with the Permits. Moreover, during the time of the inspection at the NHN Mine, unusual and unexpected wind conditions were encountered. The attached graph shows 15 minute average and peak high wind speeds recorded on October 23, 2012 at the monitoring station at the New Horizon Mine (NHM), located approximately 2.0 miles from the NHN Mine site. As represented in the graph, approximately during the hours between 1:OOpm and 4:30pm, wind speeds in the general area of the operation increased suddenly. The morning speeds were peaking at between 18 and 21 mph, and then exhibited a significant increase in the afternoon, peaking at the NHM site at 29mph. Field conditions at the time of the inspection were dry, and commensurate with the requirements in the Permits, water was being applied at a rate of 33,400 gallons per day, as recorded in the records maintained onsite. It is acknowledged that windy conditions were occurring during topsoil stripping operation at the time of the inspection between the hours of 2:30pm and 3:20pm, as shown in the attached Photo 2 below, extracted from the DRMS Inspection Report. Please note that the October 23, 2012 DRMS inspection report states that "The Division did not see any topsoil resource being carried by wind to areas outside the permit boundary". There appears to be no evidence that offsite impacts occurred as a result of the conditions encountered, or that the topsoil resource was lost during these operations. The operator is cognizant that during the inspection by DRMS there were visible emissions observed from topsoil stripping activities consistent with what is depicted in the attached picture. However, the fugitive dust mitigation measures outlined in the Permits, were and have been consistently utilized by the operator during its Phase I Work activities. Daily records of water usage