2012-11-13_ENFORCEMENT - C2010089 (2)

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WESTERN FUELS ASSOCIATION INC. The National Fuel Supply Cooperative November 8, 2012 Dear Ms. Talvitie: ReCe NOV 13 V piVision o Reclamat.►on, Mining & Safety Sent via FedEx and Email Ms. Marcia Talvitie Environmental Protection Specialist Colorado Division of Reclamation, Mining and Safety Durango Field Office 691 CR 233, Suite A -2 Durango, Colorado 81301 SCANNED Subject: NOV No. CV- 2012 -006 - Request to Waive Informal Hearing and Written Response to the Violation - New Horizon North (NHN) Mine, Permit No. C- 2010 -089 In accordance with Section 5.03.2(7) of the Rules and Regulations of the Colorado Mined Land Reclamation Board for Coal Mining (Rules), an informal public hearing shall be held within 30 days of issuance of a notice of violation requiring cessation of mining, unless the operator has waived the holding of such a hearing in writing. Western Fuels Association Inc. (WFA), on behalf of Western Fuels- Colorado, A Limited Liability Company (WFC), requests to waive the opportunity for an informal hearing related to NOV No. CV- 2012 -006. Additionally, this letter provides information in response to Notice of Violation Number CV- 2012 -006, served via certified mail on October 31, 2012 (NOV), and identifies the prompt abatement actions taken or being taken by the operator in response to the NOV. Abatement Step 1: Cease salvaging topsoil and other mining - related disturbances on before October 25, 2012. Operator Action: Topsoil stripping operations ceased immediately on October 23, 2012. Abatement Step 2: Construct Sedimentation Pond NHN -001 and associated sediment control system as approved in Section 2.05.3(4) of the permit on or before November 30, 2012. Operator Action: Actions are diligently underway to construct Sedimentation Pond NHN -001 as approved in the permit, and as soon as practicable prior to November 30, 2012. As of the date of the inspection, approximately 90 percent of the sediment pond construction work had been completed. Abatement Step 3: Submit to DRMS an engineer certification that Sedimentation Pond NHN -001 has been constructed as designed. This certification shall be submitted as a Minor Revision to the permit. If changes to the approved design have been made, the certification shall be submitted as a Technical Revision to the permit. 12050 N. Pecos Street, Suite 100 • Westminster, CO 80234 • Telephone (303) 255 -5800 • Fax (303) 255 -5809