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SECTION 2.05.6 <br />MITIGATION OF THE IMPACTS OF MINING OPERATIONS <br />Introduction <br />Western Fuels Colorado, A Limited Liability Company, (WFC) is applying for a new permit to <br />mine the coal reserves in the proposed New Horizon North Mine area. This mine area is located <br />in the W '/2 of Section 25, Township 47 North, Range 16 West of the New Mexico Principal <br />Meridian. A significant portion of this proposed mine permit area corresponds to the original <br />NH1 Mine area previously permitted by Peabody Coal Company (PCC), in connection with a <br />permit application submitted in April 1980 and approved in May 1993 as Permit No. C- 008 -81. <br />Other portions of the proposed North Mine permit area, were permitted and mined prior to 1973 <br />as a portion of the Navajo and Nucla strip mines which were mined by the Edna Coal Company <br />starting in 1958 and subsequently by PCC until 1992, when WFC purchased the property and <br />renamed the operation the New Horizon Mine. WFC herein addresses the requirements of <br />Section 2.05.6 - Mitigation of the Impacts of Mining Operations by reviewing the information <br />relative to the Air Pollution Control Plan, Fish and Wildlife Plan and Protection of the <br />Hydrologic balance relative to the proposed North Mine permit area. <br />Section 2.05.6(1) Air Pollution Control Plan <br />WFC received approval on August 12, 2013 of Air Permit No. l OMO2275F from the Colorado <br />Department of Public Health and Environment, Air Pollution Control Division (CDPHE /APCD). <br />Prior to approval of this permit, WFC was operating under two previously approved Compliance <br />Orders on Consent (COOC). Phase I of the COOC was approved on August 14, 2012 and <br />allowed topsoil stripping and pond and ditch construction. Phase II of the COOC was approved <br />on May 9, 2013 and allowed topsoil stripping and boxcut excavation, inclusive of overburden <br />drilling and blasting. WFC will abide by APCD permit no. 1OMO2275F for air pollution control <br />at New Horizon North Mine. <br />Section 2.05.6(2) Fish and Wildlife Plan <br />Please see a separate section devoted to this topic. <br />Section 2.05.6(3) Protection of Hydrologic Balance <br />Please see a separate section devoted to this topic. <br />Section 2.05.63(b)(v) Hydrologic Reclamation Plan <br />Please see a separate section devoted to this topic. <br />Section 2.05.6 Page 1 August 2013 (MR -08) <br />