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o Pattern-of-Violations at Coal Basin - MLRD indicated that the staff's <br />recommendation was to issue a show-cause order for a review and <br />determination before the Board. The Division Director is reviewing <br />the staff's POV finding, and MI.RD has asked the operator for <br />additional information and history which may have bearing on a show- <br />cause order. AFO also learned that additional enforcement actions <br />had been taken in May for roads and sediment control violations. <br />MLRD also reported that, after the most recent Department of Health <br />(DOH) hearing concerning last year's "blackwater" discharge by the <br />mine, the hearing officer will issue a decision by the end of June <br />1990, based upon additional information supplied by the operator. <br />The penalty proposed by DOH is about $180,000. AFO indicated that <br />MLRD's memorandum-of-understanding (MOU) with the Water Quality <br />Control Division of DOH is still under review by OSM as part of an <br />agency evaluation of OSM/EPA water quality enforcement <br />responsibilities. <br />o Temporary Cessation/Inspection Frequency - AFO's inspection tracking <br />statistics were reviewed to confirm which mines may have had "gaps" <br />in inspection frequency owing to wintertime temporary cessation. <br />Also, MLRD supplied an updated list of all mines in temporary <br />cessation status. With this information, the Division's inspection <br />frequency appears to meet program requirements at this time. AFO <br />mentioned that OSM is writing a proposed rule for temporary cessation <br />which will require annual submission of temporary cessation status. <br />The rule will define what type of information, commitments, findings, <br />etc., will have to be made for approval of temporary cessation <br />status. <br />o Orchard Valley Topsoil Stockpile - MI-RD reported that an appropriate <br />revision and relocation of the stockpile have been requested of the <br />operator if the rancher continues to drive cattle across the area. <br />The revision has recently been sent to the Division. MLRD indicated <br />that future impacts on topsoil storage from cattle grazing or <br />movement may receive a State enforcement action. <br />o MLR Board's Dismissal of Penalty at the Wiggins's Property - The <br />Division reported that the Board had replaced MLRD's cessation order <br />for this wildcat operation with an order requiring complete <br />reclamation by June 30, 1990. If reclamation is done by then, the <br />Board has ordered the $2,500 penalty levied by MIRD to be suspended. <br />The Division indicated to the Board that a minimum of $1,750 was <br />mandatory for mining without a permit, but the Board voted otherwise. <br />MLRD reported that it had no control over this decision. <br />o MOU's and Blaster Certification - OSM Western Field Operations (WFO) <br />has completed a review of MI.RD's draft MOU with SHPO. WFO's report <br />to AFO on this draft MOU was favorable, and five recommendations for <br />additional improvements or clarification were made. AFO gave a copy <br />3 <br />