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<br />Section 778.14(c) Continued. <br />(4) OSMJNbtice of Violation Po: N79-V=5=18"= Violation No:'3. <br />After an on-site inspection of the present Kerr Coal mining <br />operation near Walden, Colorado, by Gary F. Fritz of OSM, on <br />.1uly 10, 1979, Notice of Violation N79-V-5-18 (Violation No. 3) was <br />_ served upon Kerr Coal. A copy of the Notice of Violation (Viola- <br />tion No. 3) is attached as Exhibit 17. <br />The Notice of Violation (Violation No. 3) alleged that Kerr <br />Coal had failed to pass all surface drainage from the disturbed <br />area at the mine through a sediment pond. On Suly 20, 1979, Kerr <br />Coal responded to the allegations of the Notice of Violation (Vio- <br />lation No. 3) by letter addressed to OSM. A copy of the letter <br />from Kerr Coal is attached as Exhibit 18. <br />An Assessment Conference was held regarding Violation No. 3 on <br />• November 2, 1979 at which time it was determined that no assessment <br />would be made against Kerr Coal for the alleged violation. Speci- <br />fically, it was noted in the Assessment Report that "The company <br />commenced design of an additional sediment control pond consistent <br />with the program for sediment control plan previously submitted to <br />the State immediately, and completed construction in the most <br />expeditious manner possible." <br />A copy of the Assessment Report ie attached as Exhibit 19. There- <br />after, Violation No. 3 was vacated entirely. A copy of the Vaca- <br />tion of Notice is attached as Exhibit 20. <br />Section 778.15 Right of entry and operation information. <br /> (a) Each application shall contain a description of the documents upon <br /> which the applicant bases his or her legal right to enter and begin <br />. surface mining activities in the permit area and whether that right is <br />778-15 <br />