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RESPONSE The following is a list of violations the applicant has received during the three year period preceding the application date of this permit revision. Mine Identification -DMG Permit No. C-82-056 MSHA ID No. -OS-03836; Issued 1983 Violation Identification: C-96-001, February 22,1996 Issuine Rer?ulatorv Authority: Division of Minerals & Geology Brief Description of Violation: Failure to ensure that maintenance was conducted to control and prevent erosion on haul roads; failure to maintain haul roads and access roads; failure to design, construct, and maintain haul road and access road surfaces to prevent ponding of water, control erosion, and provide road surface stability/ Date, Location and Tvae of Administrative Proceedin¢s: A proposed assessment was sent to TCC on March 11, 1996 and a proposed civil penalty of $1,600.00. TCC received a notice and order to pay fixed penalty on April 19, 1996. Current Status: NOV terminated on March 29, 1996 Actions Taken to Abate Violation: Roads maintained and surfaced as per requirements Final Resolution: TCC submitted payment of $1,600.00 on April 22, 1996 Mine Identification -DMG Permit No. C-82-056 MSHA ID No. -OS-03836; Issued 1983 Violation Identification: C-96-002, March 1, 1996 Issuine Reerrlatorv Authority: Division of Minerals & Geology • Brief Description of Violation: Failure to minimize disturbance to hydrologic balance; failure to construct, operate, and maintain Pond E to treat runoff so it complies with all Federal and State laws and limitations of 4.05.2; failure to construct and maintain Pond E to prevent short-circuitry; failure to certify immediately following construction (Pond E relocation) Date, Location and Twe of Administrative ProceedinQS: A proposed assessment was sent to TCC on March 26, ]996 and a proposed civil penalty of $2,100.00. TCC requested an assessment conference on April 2, 1996; the conference was held on April 28, 1996. A civil penalty in the amount of $1,850.00 was proposed for the violation based on information presented during the conference. This proposal was presented in the DMG Settlement Agreement of May 9, 1996. Current Status: NOV terminated on May 16, 1996 Actions Taken to Abate Violation: The short-circuitry problem was eliminated and a technical revision was submitted to the DMG for Pond E Clarification. Final Resolution: TCC submitted payment of $1,850.00 on May 31, 1996 • APPROVEII JUN 2 8 2000 PR 99-OS 2.03-20 2/24/99