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were as follows: <br />• 79-V-1-18 No. 1 - Failure to post adequate signs and markers. <br />No. 2 - Using a stream ford across an intermittent <br />stream. <br />No. 3 - Failure to pass surface water through <br />sedimentation ponds. <br />No. 4 - Failure to construct a stream channel <br />diversion as required by the state regu- <br />latory authority. <br />No. 5 - Failure to monitor ground water. <br />No. 6 - Failure to submit a surface monitor program <br />to regulatory authority. <br />79-V-1-19 No. 1 - Failure to follow approved mine plan. <br />No. 2 - Failure to secure NPDES permit. <br />The foregoing Notices of Violation were the subject of admini- <br />strative proceedings for the Department of Interior Office of <br />Hearings and Appeals (Docket No. DV-O-B-P) resulting in an <br />agreement and stipulation that all violations not be assessed <br />• penalty points or penalties except 79-V-1-18, Nos. 3 and 4, <br />and 79-V-1-]9, Nos. 1 and 2. Applicant is currently implement- <br />ing an abatement program concerning these violations. <br />B. On July 24, 1979, applicant received a notice of <br />violation and cease and desist order from the Mined Land <br />Reclamation Board involving surface mining and coal recovery <br />outside of the permit area. The $2,000 fine was abated in <br />the amount of $750 pending amendment of the mining permit. <br />In October 1979, applicant submitted an amended mining permit. <br />C. Applicant also received a notice of violation No. <br />80-5-16-2 #1 on July 21, 1980 resulting from a failure to <br />maintain a diversion to prevent additional contribution of <br />suspended solids. This matter is being terminated as a result <br />of a surface water hydrology abatement program approved by <br />both the Office of Surface Mining of the United States Depart- <br />ment of Interior and the Mined Land Reclamation Board. <br />D. No bonds or other securities have been forfeited by <br />the applicant. <br />3. Right of Entry and Operation Information. Attached <br />hereto as Exhibit "C" is a document entit]ed "Sources of <br />Legal Right to Mine on Proposed Affected Acreage" prepared by <br />applicant's attorney July 15, 1977. Applicant's right of <br />• <br />- 2 - <br />