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• TABLE 3-2 <br />NOTICE OF VIOLATION LIST (continued) <br />(b) The violation was issued for failure to maintain a performance bond in <br />compliance with regulatory requirements to cover the area of land within the <br />permit area upon which surface coal mining and reclamation operations are <br />conducted. <br />(c) A formal review was held before the Mined Land Reclamation Board on May 24, <br />2001. The Board found that the notice of violation was validly issued by the <br />Division of Minerals and Geology. The decision was appealed by Powderhorn <br />Coal Company and is currently in a stay of appeal. No civil penalty has been <br />accessed. <br />(a) Notice of Violation: CV-2001-017 <br />Issued by: Division of Minerals and Geology <br />Issued to: Powderhorn Coal Company <br />Issued on: No~~ ;~ber 21, 2001 <br />• (b) This violation was issued for failure to construct and maintain minewater <br />treatment Pond 12 as necessary to ensure integrity and stability of pond <br />embankment and foundation, and to ensure adequate containment and <br />treatment of inflow from underground mine. <br />(cj No administrative or judicial proceedings were initiated. <br />(d) The violation has been abated. <br />(e) The applicant submitted a minor revision application to partially reclaim Pond 12 <br />and provided a plan to breach the embankment between Pond 12 and Pond 5 so <br />Pond 12 is no longer a pond. <br />(f) The notice of violation was terminated by the Division of Minerals and Geology <br />on December 24, 2001. A civil penalty of $1,750 was assessed by the Division <br />of Minerals and Geology and paid by the applicant. <br />n <br />1_ I <br />T3-2-4 1 /02 <br />