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RESPONSE
<br />This Rule is not applicable due to the negative responses to 2.03.5(1)(a) and (b) above.
<br />(3) A list of all violation notices received b. the he applicant during the three year period preceding the application
<br />date, for any violation of a provision of the Act, or of any law, rule or regulation of the United States, or of any
<br />State law, rule or regulation enacted pursuant to Federal law, rule or regulation pertaining to air or water
<br />environmental protection incurred in connection with any surface coal mining operation, and a list of all
<br />unabated cessation orders and unabated air and water quality violation notices received prior to the date of the
<br />application by surface coal mining and reclamation operation owned or controlled by either the applicant or
<br />by any person who owns or controls the applicant. For each violation notice or cessation order reported, the lists
<br />shall include the following information, as applicable:
<br />(a) Any identifying numbers for the operation, including the Federal or State permit
<br />number and MSHA number, the dates of issuance of the violation notice and MSHA number, the name of the
<br />person to whom the violation notice was issued, and the name of the issuing regulatory authority, department or
<br />agency;
<br />(b) A brief description of the particular violation alleged in the notice;
<br />(c) The date, location and type of any administrative of judicial proceedings initiated
<br />concerning the violation, including;, but not limited to, proceedings initiated by the applicant to obtain
<br />administrative or judicial review of the violations;
<br />(d) The current status of the proceedings and of the violation notice;
<br />(e) The actions, if any, taken b the he applicant to abate the violation; and
<br />(f) The final resolution of any notice of violation.
<br />RESPONSE
<br />The following is a list of violations the applicant has received during the three-year period preceding the
<br />application date of this permit revision.
<br />Mine Identification - DMG Permit No. C 82-056
<br />MSHA ID No. -05-03836; Issued 1983
<br />Violation Identification: CV -2011-005, September 8, 2011
<br />IssuingRe ug latory Authority: Division of Reclamation, Mining, and Safety
<br />Brief Description of Violation: 1) Failure to place all underground development waste in existing approved disposal
<br />areas; 2) Failure to dispose of non -coal wastes in a State -approved disposal site, operated in accordance with local,
<br />State, and Federal requirements; 3) Failure to conduct all surface coal mining and reclamation operations only as
<br />described in the approved permit; 4) Failure to comply with the terms and conditions of the permit, all applicable
<br />standards of the Act, and the requirements of the Rules. Mine waste materials were transported off-site by a
<br />contractor, and disposed of without the Mine's knowledge or consent in a non -approved disposal site.
<br />Date, Location and Type of Administrative Proceedings: Notice of Proposed Assessment issued on October 4, 2011
<br />for a proposed civil penalty of $2,000.00. TC requested an Assessment Conference, which was held on October 28,
<br />2011. As a result of the conference, a Settlement Agreement was reached, the penalty was reduced to $1,000, and
<br />the penalty was paid on December 8, 2011.
<br />Current Status: NOV terminated on October 19, 2011.
<br />Actions Taken to Abate Violation: A three-step Abatement Plan was developed, submitted, negotiated, and
<br />approved by the CDRMS to address segregation of the underground development and non -coal wastes
<br />stockpiled at an off-site location, and transport and disposal of the segregated wastes in appropriate disposal
<br />sites, consistent with the approved permit. The Abatement Plan was approved on 09/26/11, and abatement
<br />activities were initiated on 09/28/11 and completed on 10/12/11.
<br />Final Resolution: The NOV was terminated and TC submitted payment for the $1,000.00 civil penalty on
<br />December 8, 2011.
<br />TR13-82 2.03-20 02/28/13
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