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West Elk Mine <br />• (b) NOV CV-97-008 alleged that: MCC failed to design, construct or reconstruct and <br />maintain light-use roads to control or prevent erosion and siltation as evidenced from <br />damaged silt fencing and addition of silt and construction materials to the stream in <br />Sylvester Gulch; failure to prevent additional contributions of suspended soilds and <br />sediment to streamflow; failure to provide protection for the hydrologic balance; and <br />failure to segregate topsoil and subsoils from other material as evidenced by placement <br />of road berms on top of vegetated areas along the SylvesterGulch stream channel. <br />NOV CV-97-009 alleged that: MCC failed to construct the Sylvester Gulch <br />Access/Haul road in a sufficiently stable manner to prevent damage to the Sylvester <br />Gulch stream channel, failure to adhere to permitting commitments and requirements <br />made in accordance with the Sylvester Gulch Stream Buffer Zone variance approval, <br />and failure to conduct road construction in a sufficiently stable manner to prevent <br />damage to surrounding property. <br />NOV CV-97-010 alleged that: MCC failed to obtain regulatory approval for minesite <br />construction activities, including significant excavation of a previously undisturbed area <br />prior to initiating construction. <br />(c) August 11, 1997- Request made by MCC to CDMG Directorto vacate NOV. <br />August 25, 1997 - CD;vJG proposed that the civil assessment penalties be deffered <br />• until after MCC's August 1 1, 1997, request could be considered. <br />September 2, 1997 - MCC letter to CDMG describing abatement steps completed on <br />CV-97-009. <br />September 5, 1997 - CDMG Director denied the request to vacate. <br />September 10, 1997- MCC requests 90-day extension for abatement of NOV CV-97- <br />009. <br />September23, 1997- CDMG approved extension of the abatement of NOV CV-97- <br />009to December 22, 1997. <br />(d) December 17, 1997- MCC requested to CDMG Director that the facts of the <br />violations be reconsidered and the civil penalties reduced. <br />December 19, 1997- CDMG agreed with MCC's request and proposed reduced civil <br />penalties. <br />(e-f) The abatement of NOV CV-97-008 was begun the day of the inspection and CV-97- <br />Ol Owas abated on August 25, 1997. MCC accepted and paid reduced civil penalties <br />(per (d), above) totaling $3,250.00 <br />2.03.6 Right of Entry and Operation Information <br />(1) Mountain Coal Company holds several multiple-seam Federal leases and fee coal <br />properties comprising the current permit area and other adjacent affected lands. Presently, <br />• all or portions of Federal Coal Lease Numbers D-044569, C-0117192, COC-54558, COC- <br />2.03-7 Revsedlm. Ifl95 PR06:RevisedJan.19962V03; Revisedb'ov.1996 PR07; Rewsed,Lfarch 1998 S02: Revised Jan. 1999 PR08 <br />