2013-05-17_PERMIT FILE - C2010089A

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COMPLIANCE ORDER ON CONSENT In the Matter of Western Fuels Colorado, LLC New Horizon Mine Permit No. 88MO234F may be present for use in connection with implementation of Phase Two activities is included herewith as Exhibit 2. e. The drilling, completion and operation ofthree dewatering wells, f. The construction of all or part of the mine related facilities as described in the map and table as approved in the NHN Mine, Colorado Division of Reclamation Mining and Safety - Mining Permit No. C -2010 -089 (Map 2.05.3(3 )-1 Facilities and Table 2.05.3(3 )-1 Structure Inventory). For ease of reference, these materials are attached as Exhibit 3. The Phase Two Work includes only the specific activities addressed herein. For ease of reference, two maps are attached as Exhibits 1 and 4 providing illustrations of the approximate locations where the Phase Two activities would occur. Phase Two Work, while similar in nature to the Phase One Work, will disturb approximately 10 acres in addition to the 75 acres approved for disturbance as part of the Phase One Work. Phase Two Work will involve the movement of approximately 520,000 cubic yards of earthen material, which will include the movement of 20,000 cubic yards of topsoil, and placement of the same into stockpiles. The Map attached as Exhibit 1 depicts the entire mine boundary, with the red shaded area illustrating approximately where the Phase One topsoil removal activities described in Paragraph 8 occurred. The green- shaded area illustrates approximately where the Phase Two topsoil removal activities described in Paragraph 9 would be conducted. Within the red - shaded area is a blue - shaded area illustrative approximately where the Phase Two box -cut activities described in Paragraph 9 would be completed. Likewise within the red- shaded area are notations and descriptions of areas where the remaining Phase Two activities outlined in Paragraph 9 would occur, including, but not limited to, construction of mine - related facilities and hauling corridor where the topsoil and earthen materials would be moved from the point of their removal to stockpiles. The turquoise line provides an outline of the corridor within which topsoil and overburden would transported from the box -cut area to either the overburden or topsoil stockpile areas. The hauling would be expected to occur inside of the turquoise polygon, with haul trucks transporting overburden and topsoil along the most efficient routes within the turquoise polygon from the box -cut area to the appropriate stockpile. Exhibit 4 has identical information, but provides a zoomed in view of the area within which Phase Two activities would occur. It is estimated that the majority of the 520,000 cubic yards of the earthen materials can be excavated and moved with heavy equipment; however, it is is possible that some amount of this material would require blasting in order to be loosened prior to excavation. In its March 18, 2013, modeling submittal, WFC analyzed and demonstrated that blasting could occur once per day using a maximum of 14.5 tons of ANFO per blast, and such activity would be within compliance with the NO2 NAAQS. Such consolidated materials would require blasting in order to be removed in connection with the site preparation activities associated with Phase Two; however, such blasting would be limited to the levels and parameters for which compliance with the NO2 NAAQS was demonstrated in WFC's modeling submittal to the Division on March 18, 2013, i.e. blasting would only occur up to one blast per day using a maximum of 14.5 tons of ANFO. WFC represents this excavation and stockpile activity is a basic earth moving exercise that will be performed using mobile equipment, and is required to prepare the site for mining coal. -3- 11. Moyr,,2013