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December 12,2012 C-2010-089/New Horizon North Mine MLT <br /> ENFORCEMENT ACTIONS/COMPLIANCE <br /> Infraction Number: CV2012006 <br /> Inspection Date: October 23,2012 <br /> Date Issued: October 31,2012 <br /> Primary Topic: Sediment Control <br /> Secondary Topic: None <br /> Tertiary Topic: None <br /> Description: Failure to Protect the Hydrologic Balance in compliance with the Regulations of the <br /> Colorado Mined Land Reclamation Board for Coal Mining. Failure to pass surface drainage from <br /> the disturbed area through a sedimentation pond before leaving the permit area. Failure to <br /> construct sedimentation pond before any disturbance of the undisturbed area to be drained into <br /> the pond.Failure to submit an engineer certification that the pond has been constructed as <br /> designed. <br /> Abatement 4: 1 <br /> Abatement Due Date: 10/24/2012 (Abated on 1012312012) <br /> Abatement Description: Cease salvaging topsoil and other mining-related disturbance. <br /> Abatement 4: 2 <br /> Abatement Due Date: 11/30/2012 (Abated on 1113012012) <br /> Abatement Description: Construct Sedimentation Pond NHN-001 and associated <br /> sediment control system as approved in Section 2.05.3(4)of the permit. <br /> Abatement#: 3 <br /> Abatement Due Date: 12/21/2012 (Abated on 1210512012) <br /> Abatement Description: Submit to DRMS an engineer certification that Sedimentation <br /> Pond NHN-001 has been constructed as designed. This certification shall be submitted as <br /> a Minor Revision to the permit. If changes to the approved design have been made,the <br /> certification shall be submitted as a Technical Revision to the permit. <br /> Proposed Civil Penalty of$1250 was issued by the Division on 1210512012 <br /> Infraction Number: CV2012007 <br /> Inspection Date: October 23,2012 <br /> Date Issued: October 31,2012 <br /> Primary Topic: Topsoil <br /> Secondary Topic: Air Resource Protection <br /> Tertiary Topic: Availability Of Records <br /> Description: Failure to protect the physical properties of topsoil from wind erosion. Failure to <br /> protect the air resource. Failure to submit other permits and licenses in compliance with the New <br /> Horizon North Permit No. C-2010-089, and with the Regulations of the Colorado Mined Land <br /> Reclamation Board for Coal Mining. <br /> Abatement 4: 1 <br /> Abatement Due Date: 10/25/2012 (Abated 1012312012) <br /> Abatement Description: Cease topsoil removal operations. <br /> Abatement#: 2 <br /> Abatement Due Date: 11/15/2012 (Abated 1110212012) <br /> Abatement Description: Submit a copy of the Air Pollution Permit as a minor revision to <br /> the permit. <br /> Proposed Civil Penalty of$750 was issued by the Division on 1210512012. <br /> Number of Partial Inspection this Fiscal Year: 6 <br /> Number of Complete Inspections this Fiscal Year: 2 Page 5 of 12 <br />