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LPL <br />ENERGY, INCORPORATED <br />SOUTHBRIDGE EAST 6130 SOUTH MEMORIAL <br />TULSA, OKLAHOMA 74133 (918) 252-5033 <br />NOV's C-88-038 and C-89-012 were issued for improper handling or disposal <br />of coal waste. This problem has been taken care of and construction is <br />under way to clear a section of the upper bench to store waste water <br />material and unsalable coal. <br />NOV-C-89-028 was issued for failure to maintain required records at or <br />near the mine site.. -This cannot be done, due to the fact that the mine is <br />under temporary cessation. There is no one at the mine site. however we <br />have made arrangements with the Mined Land Reclamation Department and have <br />met your inspectors at the mine with the records. <br />NOV-C-89-035 was issued in December for failure to have the drainage <br />control plan completed. Furthermore, it should also be noted that there <br />was over fourteen inches of snow on the site and construction could not be <br />conducted and completed in the time frame set by the Mined Land <br />Reclamation Department. In lieu of the weather, I was still out on site <br />in the snow trying to complete the drainage control plan. <br />NOV-90-013 was issued in May for failure to properly maintain the sediment <br />pond. This issue is still under appeal as to the validity of the <br />violation. However, all of these violations have been entered into the <br />files and are with the permit documents. <br />(3) With regards to Section 2.03.8, the mine is under temporary cessation, and <br />we have started construction to get the mine in operation. However we <br />have not set a start up date at the present time. The permit documents <br />only state that the mine is under temporary cessation and construction is <br />being conducted. <br />(4) I will send a copy of our discharge permit. The permit was issued <br />December 18, 1986. The permit number is CO-0041394. The discharge permit <br />should have been sent to you some time ago, when it was first issued. <br />(5) Construction on the upper bench has been started, to have an area on the <br />northwest end leveled. This is being done so that waste material can be <br />stored. Furthermore, if there is any additional space needed we will have <br />to develop another site with the help and approval of the Mined Land <br />Reclamation Department. <br />(6) To the best of my knowledge the only documentation that has not been <br />submitted to you, is a copy of the new blue prints. The blue prints that <br />have been sent should have given all the information needed for <br />compliance. This blue print was sent to you by Lynn Fector a few months <br />ago. <br />