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tcl The current status of the pernut, bond. or similaz security involved; <br />Id] The date. location, and twe of anv administrative or iudicial nroceedines initiated <br />concernine the suspension. revocation or forfeiture: and <br />• (el The current status of these proceedings. <br />RESPONSE <br />This Rule is not applicable due to the negative responses to 2.03,.5(1)(a) and (b) above. <br />(31 A list of all violation notices received by the applicant during the three vear period preceding <br />the application date. for anv violation of a provision of the Act. or of anv law. rule or regulation of the United <br />States. or of anv State law. rule or regulation enacted pursuant to Federal law. rule or re lu agtion_pertainin tg o air <br />or water environmental protection incurred in connection with anv surface coal mining operation. and a list of <br />all unabated cessation orders and unabated air and water ouality violation notices received prior to the date of <br />the application by anv surface coal mining and reclamation operation owned or controlled by either the applicant <br />or by anv person who owns or controls the applicant. For each violation notice or cessation order reported, the <br />lists shall include the following information. as applicable: <br />1al Anv identifying numbers for the operation, includint; the Federal or State permit <br />number and MSH.A number, the dates of issuance of the violation notice and MSHA number, the name of the <br />person to whom the violation notice was issued. and the name of the issuing regulatory authority. department or <br />a enc <br />1bl A brief description of theparticulaz violation alleeed in the notice: <br />Ic1 The date. location and twe of anv administrative of iudicial proceedings initiated <br />• concerning the violation, including, but not limited to, proceedines initiated by the applicant to obtain <br />administrative or judicial review of the violations: <br />1dl The current status of the proceedings and of the violation notice: <br />RESPONSE <br />1el The actions. if anv. taken by the applicant to abate the violation: and <br />1fl The final resolution of anv notice of violation. <br />The following is a list of violations the applicant has received during the three-year period preceding the <br />application date of this pemut revision. <br />Mine Identification - DMG Permit No. C 82-056 <br />MSHA ID No. -05-03836; Issued 1983 <br />Violation Identification: CV -2006-006, September 19, 2006 <br />Issuine Regulatory Authority: Division of Reclamation, Mining, and Safety <br />Brief Description of Violation: Failure to dispose of coal fines in accordance with the approved permit. Failure to <br />minimize distwbance to the prevailing hydrologic balance. Failure to maintain Sedimentation Pond E so as to <br />provide adequate runoff capacity for the 10-year, 24-hour precipitation event. Failure to prevent an unapproved <br />distwbance within 100 feet of an intemilttent stream. -Rupture in buried washplant thickener underflow line caused <br />coal fines slurry to flow to and partially fill Sedimentation Pond E, resulting in coal fines dischazge to Foide] Creek. <br />Date. Location and Twe of Administrative Proceedings: Notice of Proposed Assessment issued on October 17, <br />2006 for a proposed civil penalty of $2,050.00. TCC submitted a request for an Assessment Conference on October <br />26, 2006, and worked with the CDRMS on scheduling of the Assessment Conference consistent with the current <br />• Abatement schedule. The Assessment Conference is currently scheduled for December 8, 2006. <br />PR06-07 2.03-19.1 11/07/06 <br />