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~, , <br />III IIIIIIIIIIIIIIII <br />999 <br />NOTICE OF POTENTIAL LIABILITY FOR AN INDIVIDUAL CIVIL PENALTY <br />ASSESSMENT UNDER SECTION 518(F) OF THE SURFACE MINING CONTROL <br />AND RECLAMATION ACT OF 1977, 30 U.S.C. 1268(f) <br />Philip J. Goldsmith Assistant SecretarylAgent <br />Name of Corporate Official Title of Corporate Official <br />Kerr Coal Company CO 94-020-250-01 <br />Name of Corporate Permittee Citation Number <br />C-80-006 <br />Permit Number <br />As Assistant Secretary/Agent of the above-referenced corporate <br />permittee, you are hereby notified that the corporation has <br />been issued Cessation Order (CO) No. 94-020-250-01, a copy of <br />which is attached. The CO was issued for failure to abate <br />violation(s) No. O1 of Notice of Violation No. 94-020-352-03 <br />issued on Mav 25. 1994. <br />The Office of Surface Mining Reclamation and Enforcement <br />(OSM), pursuant to Section 518(f) of the Surface Mining <br />Control and Reclamation Act of 1977 (SMCRA), <br />30 U.S.C. 1268(f), may assess an Individual Civil Penalty <br />(ICP) against a director, officer, or agent of a corporate <br />permittee which has violated a condition of its permit or <br />fails or refuses to comply with a cessation order. <br />Section 518(f), in pertinent part, provides that: <br />[A]ny director, officer, or agent of such <br />corporation who willfully and knowingly <br />authorized, ordered, or carried out such <br />violation, failure, or refusal shall be <br />subject to the same civil penalties that may <br />be imposed upon a person under [Section <br />518(a)]. . <br />You will be subject to assessment of an Individual Civil <br />Penalty if you willfully and knowingly fail or refuse to take <br />all reasonable steps within your authority to bring about <br />abatement of the violation(s) contained in the cessation order <br />within 30 days after the issuance of the cessation order. <br />This notice is being sent to you because, in your position as <br />Assistant Secretary/Agent of the corporate permittee, OSM <br />considers you to possess the legal authority to bring about <br />abatement of the violation(s) described in this cessation <br />order. For any violation cited in the cessation order that is <br />not abated within the time prescribed above, you may submit, <br />for OSM's consideration, written documentation that describes <br />,~ <br />