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History <br />Twentymile Coal Company (TCC) has had two violations in the twelve months prior to <br />this NOV. CV-2006-004 was issued on August 23, 2006 and CV-2006-006 was issued on <br />September 13, 2006. <br />Seriousness <br />TCC undertook a geotechnical investigation without approval. In this case, the <br />investigation represents a limited disturbance covering six test holes, 15-25 feet deep and <br />seven test pits (6-11 feet deep). The extent of disturbance is small covering less than 0.5 <br />acre within the permit area, but outside the approved disturbed azea. No long-term <br />impacts were observed. A penalty of $250,00 is proposed. <br />Fault <br />All disturbance associated with surface coal mining operations are to be permitted prior <br />to initiating the activity. Permits aze required prior to disturbance to establish the extent <br />of disturbance; to address potential impacts; to set forth the reclamation plan and to <br />calculate the reclamation cost estimate. All of these permitting requirements were <br />disregarded prior to conducting the geotechnical investigation. A penalty of $750.00 is <br />proposed for negligence. <br />Good Faith <br />The operator received the NOV by fax on August 24, 2007. The required abatement was <br />to submit a revision by September 20, 2007. A revision was submitted to the Division on <br />September 5, 2007. A good faith reduction of $200.00 is proposed. <br />Total $900.00 <br />