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.~.~ a.liilsi~a ~ ~ IIIIIIIIIIII~~III~I UNITED STATES DEPARTMENT OF THE INTERIOR OFFICE OF SURFACE MINING RECLAMATION AND ENFORCE)•IENT NOTICES) OF VIOLATION NO. 79 ~ ~ ^ /•x To the Following Permittee or Operator: Name ~~ ~ S • J ~~~ j G nl"PoY' ~~i out Mine- Sof''t "-%~ ~ a_t ^Surface Mine ~Jnderground Mine ^Other County and Mailing Ad OSM Mine N_ State Permit b ~~'~- ~ / MSHA I.D.N 050 `' Date of Inspection:- _~~- ~9 ,]Q~_ Time of Inspection: from l0: ys ~ a.m. to ~~ ^ a.m. ^ p.irl. tom%~ ~ p.m. Name of Operator (if other then Mailing Address Person Served with 2 ~ 7 ~ f2s?oi~ Under the authority of the Surface Mining Control and Reclamation Act of 1977 (P.L. 9587; 30 U.S.C. 1201), the undersigned authorized representative of the Secretary of the Interior has conducted an inspection of the above mine on [he above date and has found violation(s) of the Act, the regulations or re- quiredpermit rondition(s)described in the attachment(s). This Notice constitutes a separate Notice of Violation for each violation listed. You must abate each of these violations within the designated abatement time. You are responsible for doing all work in a safe and workmanlike manner. This notice shall remain in effect until i[ expires as provided below or is modified, terminated, or vacated by written notitt o(an authorized representative of the Secretary. The time for abatement may be extended by the authorized representative for good cause, if a request is made within a reasonable time before the end of the abatement period. IMPORTANT -PLEASE READ CAREFULLY 1. Aevkw. You may apply for review of this Notice by submitting an application for review, within 3D days of receipt of this Notice by you or your agent to: Hearings Division Offo:e of Hearings and Appeals _ , U.S. Department of the lnterior 4015 Wilson Boulevard Arlington, Virginia 22203 2. Minealle Hearleg. In addition to the review mentioned in paragraph 1, an informal public hearing at or near the minesite may be provided if this notice requires cessation of mining. The authorized representative finds that cessation of mining is0 is not expressly or impliciryly required by this Notice. If cessation of mining is required, this Notice will expire within 30 days of actual notice to you uniess an i formal public hearing is held at or near [he minesite. Such a hearing is not required i(ihe violation(s)fiave been abated or R the hearing has been waive3. U this Notice expires, you will still be liable for any penalties assessed with regard to the 30~day period. " 3. Penalties. SeMion 723.16 of the regulations allows you to submit information in writing pertaining [o the violation(s) covered by this Notice within ]0 days of the date that i[ is served on you or your agent. This information will be considered in determining [he facts surrounding the violation and the amount of thr penalty. if you wish to submit this information, you should send it to [he U.S. Department of the Interior, Office of Surface Mining, Assessment Office, Washington, D.C. 20240. For each violation covered by this Notice, a penalty of up to 55000 may be assessed for each day during which that violation continues. If you fail to abate any of the violations within the time set far abatement or to meet any interim step, yoo moat be asaeaeed a minimum penalty of no less than 5750 (or each day during which the violation continues beyond the time set for abatement, and yoo moat be laaoed a cessation order requiring you to cease surface coal mining operations on the portions relevant to the violations. 4. Effect oo Permll. In addition, if it is determined that a pattern of violations of any requirement of the Acl, the regulations, or permit conditions exists with respect to this mine, and that the violations were caused by unw wanted failure to comp) r were willful, your permit may be suspended or revoked. Date of Service ~ 7 Signed: ~Qir-N ~ ~ ~~ (Authorized Representative) ILS O.,.rmmrm Pnving ORme. 19]9~]a-P