2006-11-08_GENERAL DOCUMENTS - C1981012

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Technical Revision No. 48 (TR-48, on-site material disposal) was approved by the Division and reduced the required bond amount to be held by the Division to $3,038,059.00. An application for transfer of the permit from Picketwire Processing, LLC to New Elk Coal Company, LLC was received by the Division on February 9, 2006. Difficulty in posting the required reclamation bond amount of $3,038,059.00 resulted in Notice of Violation CV-2006-003 issued to the current permittee, Picketwire Processing, LLC. The deadline for submittal and acceptance of the full required bond amount of $3,038,059.00 was set at 5 pm September 15, 2006. Picketwire Processing was granted an extension of the abatement deadline to September 29, 2006 and subsequently granted a second extension of the deadline to October 27, 2006. The permittee did not submit the required bond amount by the deadline, therefore Cessation Order C-2006-007 was issued. The original NOV remains outstanding at this time. The civil penalty has been set at $1750.00. An assessment conference has been requested by Picketwire Processing. CO C-2006-007 This cessation order was issued on October 30, 2006 for failure to abate NOV #C- 2006-003 by the extended due date October 27, 2006. It remains outstanding at this time. Section V Summary and Discussion This section consists of questions or comments raised as a result of the Division's review of the permit application and related materials. As allowed by Rule 2.08.3(3), the Division will require the operator submit a technical revision responding to the issues identified below. Rule 2.05.4 Reclamation Plan General Requirements Due to the pending final, Phase II bond release at the Golden Eagle (#C-81- 013) and the potential loss of control or access to the New Elk rangeland reference area located within the Goiden Eagle permit area, please consider a new rangeland reference area for the New Elk mine. -g-