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,~ <br /> <br />-z- <br /> <br />Notice of Violation Background <br />The Division issued Notice of Violation (NOV) C-93-006 on <br />February 19, 1993, for failure to submit semi-annual subsidence <br />reports on a semi-annual basis. Failure to submit such reports, is a <br />violation of Rule 2.05.6(6)(c)(i)(E), which states that, <br />"Results of the monitoring program shall be submitted to the Division <br />at least semi-annually". Based on a search and review of all <br />correspondence received in the Division's office, it was determined <br />that a semi-annual subsidence report had not been submitted during the <br />period from October 1990 until a report was received January 19, 1993. <br />Therefore, a total of three reports were not submitted as required by <br />the regulations, and the Division considered the issuance of a <br />violation to be appropriate. While the Division acknowledges Mountain <br />Coal Company's notable compliance history, the fact remains that semi- <br />annual reports were not submitted to the Division during this time <br />period. <br />The submittal of these semi-annual reports is of utmost importance <br />because future mining advancements are conditioned upon the results of <br />the current subsidence survey monitoring program. Since MCC is <br />planning to propose, in the near future, a mine plan which mines <br />beneath potentially critical renewable resource lands, it is <br />imperative that a demonstration can be made to show that impacts are <br />either controlled or nonexistent. The failure to submit the <br />monitoring reports obstructed the Division's ability to monitor <br />subsidence impacts from the mining operation. <br />Mountain Coal Company has twice requested that this violation be <br />vacated. Both times the Division Director, Michael Long, upheld the <br />Division's decision to issue the violation. These requests and the <br />Division staff responses are attached for your review. <br />The Division asserts that the above-cited regulation was interpreted <br />correctly. The regulation requires that results of the monitoring <br />program be submitted at least semi-annually, and this was not done. <br />The Division has repeatedly searched all possible file locations, and <br />there is no record of the three subsidence reports. Specifically, the <br />June 1991, October 1991 and June 1992 submittals cannot be located, <br />and it is extremely unlikely that all three reports have been lost. <br />Furthermore, MCC cannot produce report or submittal cover letter <br />copies. It is our belief that the reports were never submitted. <br />Therefore, the Division regards the violation to be appropriate and <br />justified. The Division respectfully requests that the Board uphold <br />the Division's finding. <br />CEJ/ern <br />A:\006.BOA <br />