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• Section 778.14 (c) <br />to, proceedings initiated by the applicant to obtain administrative or <br />judicial review of the violations; <br />(4) The current status of the proceedings and of the violation notice; <br />and <br />(5) The actions, if any, taken by the applicant to abate the violation. <br />The following is a list of all violation notices pursuant to 30 CFR <br />778.14 (c) received by Kerr Coal during the three-year period before <br />the application date: <br />(1) OSMJNotice of Diolation No: N79=5=5-26. <br />After an on-site inspection of the Kerr Tipple area in Walden, <br />Colorado by Gary F. Fritz of the Office of Surface Mining, Reclama- <br />• lion and Enforcement ("OSM"), Notice of Violation No. N79-5-5-26 <br />was received by Kerr Coal in the mail on September 17, 1979. A <br />copy of the letter dated September 14, 1979 and the Notice of <br />Violation are attached as Exhibit 7. <br />The Notice of Violation alleged that Kerr Coal was operating <br />its off-site loadout facility in Walden, Colorado, without a state <br />permit. <br />On October 12, 1979, Kerr Coal made formal Application for <br />Review of Notice of Violation No. N79-5-5-26 pursuant to 30 USC <br />Section 1275 and 43 CFR 4.1160, et sue. A copy of the Application <br />fot Review is attached as Exhibit 8. <br />Thereafter, an Assessment Conference was held on February 13, <br />1980, at which time it was decided that no penalty should be as- <br />sessed against Kerr Coal pursuant to the Notice of Violation be- <br />• cause, at the time of the alleged violation, the State of Colorado <br />778-12 <br />