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Ki ~ ng <br />reclamation operations only as described in the approved application, except as <br />otherwise directed in the permit " <br />CRS 34-33-103(25) defines surface coal mining and reclamation operations as <br />"surface coal mining operations and all activities necessary and incident to the <br />reclamation of such operations." <br />CRS 34-33-103(26) defines surface coal mining operations as "activities conducted <br />on the surface of (ands in connection with a surface coal mine or activities subject to <br />the requirements of section 34-33-121 which involves surface operations and <br />surface impacts incident to an underground coal mine." (emphasis added) <br />As the alleged violation did not involve any activity on the surface of lands, surface <br />operations and surface impacts, or any activities necessary and incident to the <br />reclamation of surface coal mining operntions, there is no violation of Rule 2.07.7(7). <br />B. Rule 2.05.3(2)(b) states, "Underground Mining. A detailed narrative and <br />appropriate map(s), prepazed according to the standards of 2.10, sufficient to describe <br />all proposed surface disturbances to be associated with the underground mining <br />activities within the permit azea. Each operation plan shall include a narrative, cross- <br />sections, map(s) and timetable(s) sufficient to describe the areal extent of the <br />proposed underground workings and the stratum to be affected." <br />NKC's understanding of the NOV, as described by Mr. Kaldenbach, was that the <br />rooms and pillars currently aze oriented at an angle different than that portrayed on <br />one of the maps in the approved permit document. The above rule does not require a <br />description or depiction of the orientation of rooms and pillars; therefore the Rule has <br />not been violated. Further, the Division has not provided any indication or evidence <br />that such a change in orientation would in any way change the previously described <br />impacts to the surface of lands underlain by the workings. <br />C. Rule 2.03.8(2) states, "Each applicator for underground mining activities shall <br />state the anticipated or actual starting date and termination date of each phase of the <br />underground mining activities and the anticipated number of acres of surface lands to <br />be affected, and the horizontal and vertical extent of proposed underground mine <br />workings, for each phase of mining and over the total life of the permit. <br />The nature of the violation in the NOV states, "azeal extent and orientation of the <br />underground workings deviated...". The above rule does not specify that areal extent <br />and orientation must be described. NKC has specified the horizontal and vertical <br />extent of the workings as required, and the NOV does not contest that fact. Rule <br />2.03(8) has not been violated. Further, Rule 2.03.8 addresses the information <br />required for the pemut term of an application; it does not address the affects to the <br />environment of a mining and reclamation plan. <br />D. Rule 4.20.1(3) states, "At the time of revision to a permit, or for a permit <br />National King Coat, LLC Page 2 <br />Request for Vacation: Notice of Violation CV-2006-0OS <br />