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ATTACHMENT 1.16(b) <br /> <br />Namc to whom violation was issued Costain Coal Inc. <br />Permit (or other identifying) No. 836-0131 <br />MSHA No. IS-17660 Date MSHA No. issued 4/21/95 <br />41-0340 <br />Violation I.D. No. <br />Issuing regulatory authority Depanment for Surface Mining Reclamation <br />anu ErSorcemcnt, Slate of Kentucky <br />Date Violation issued 4/07/97 <br />Description of alleged violation 1. company has allowed material to go beyond the <br />permitted area near DD #6, Area B, Inc. #5, approx. '/x acre. Also disturbed approx. 2 acres <br />off-pemtit in the low gap of the Marshall Property, road only, Inc. #5. 2. Failure [o provide <br />silt control on the area ofDD #6 where the material has left the permitted area, Inc. #5. <br />3. Failure to maintain diversions DD 1/42, 31, 33, 7 & 10. Inc. #6 & 7. <br />Abatement actions taken 1. Submit and obtain revision to cover the off-pemti[ disturbances, <br />• bring all material possible back on bench seed & mulch. 2. Provide silt control below the area <br />w/hay bales or silt fence. Also, permit this method of silt conyol in the revision mentioned <br />above. 3. Remove rock from diversions that has rolled into them from the backfill process & <br />grade so water does not impound. <br />Date of Abatement actions 4/28/97 <br />Type of Proceedings (Administrative or Judicial N/A <br />Date of proceedings N/A <br />Status of proceedings N/A <br />Location of proceedings N/A <br />Penalty Assessed 52,100.00 Date Paid 11/14/97 <br />r 1 <br />u <br />