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I he ahatentenl due date ti+r VOV CY-2005.002 was extended fnnn I'ehnntn 15, 20115 to h1nrch I K. '_11(15. 'Fhc <br />ahatenunt wa. also nuxlitied to change the wording of the abatement I~um "this analysis must include a <br />atatisticalh adcqu:ne number oFsmnplcs..." to "this annhsis nutsl Itc based on rcprrxntativc samples...". <br />There are a Few Gems to consider in etaluating the proposed civil penalty. First, there arc nu indications in the <br />field. to ItRl.~s cunsultanl ur to myself. that mty portion of the coal waste pile no. ? is gcotcchnicnllr unstable. <br />Second. the coal w;tste ha; been compacted to spceiflcations. 1hirJ. lailure uFthc cad waste pile nu. 2 might <br />result in damage to the state highway. Anached to this memo is the operator's J'~ yuancr'_004 inspection rclwrl. <br />this NOV was issued on Fchnrun I, 211(15 and received ut the Bowie Ku. ' \9ine on Pehntary i, 2005. <br />1 herelorc, the last day li+r the Division to rv~ecive additionnl inforntation Rom the operator concerning the <br />propoxd civil penalty assessment was Pchntary 1 ~. 2005. The Division has nut received any additiatal <br />comments. I'hc propoxd civil penalty asxssment is due un M19arch i, 20115. <br />l he VOV lolder and civil penalty litrms arc attached, There is na field inspctitiun rcpt+n nssocialed with the <br />VOV. Below is an aerial image ollhe coal waste pile no. 2, taken un )nnuan I<~. 2005.. <br />IF you need any additional information, plcax Ict me know. I appreciate your assistaucc in this ntattcr <br />Attachmcm <br />cr. Sandy Brown (without anaclunentl <br />c:/word;howir'_ nu~lxpmcrnol <br />Knw is \o. 2 dine - foal N ante file \n, <br />