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• TABLE 3-2 <br />NOTICE OF VIOLATION LIST (Continued) <br />(c) No administrative orjudicial proceedings were initiated. <br />(d) The violation has been abated. <br />(e) Technical Revision No. 40, addressing the NOV issues, was submitted by <br />applicant and approved by the Division of Minerals and Geology. Applicant <br />constructed additional drainage control measures at the Roadside Borrow Area <br />and the reclaimed Haul Road #2 at the North Porta{ as designed and approved <br />in TR-40. <br />(f) The notice of violation was terminated by the Division of Minerals and Geology <br />on December 13, 2002. A civil penalty of $1000 was assessed by the Division of <br />Minerals and Geology and paid by the applicant. <br />Other than the Notice of Violations listed below, Powderhorn Coal Company did not <br />have any other violation notices pertaining to any provision of the Act, or of any law, <br />rule or regulation of the United States, or of any State law, rule or regulation enacted <br />• pursuant to Federal law, rule or regulation pertaining to air or water environmental <br />protection during the three year period preceding the date of this page revision. <br />(a) Notice of Violation: CV-2000-001 <br />Issued by: Division of Minerais and Geology <br />Issued to: Powderhorn Coal Company <br />Issued on: February 11, 2000 <br />(b) The violation was issued for failure to construct or maintain sediment pond No. 4 <br />to provide adequate capacity to treat run-off and to ensure that embankment <br />remains stable during operational life. <br />(c) No administrative orjudicial proceedings were initiated. <br />(d) The violation has been abated. <br />(e) The applicant excavated and reconstructed a segment of the Pond 4 <br />embankment and the construction was certified by a qualified registered <br />professional engineer in accordance with Rule 4.05.6(10). <br />• (f) The notice of violation was terminated by the Division of Minerals and Geology <br />on March 17, 2000. A civil penalty of $1,350 was assessed by the Division of <br />Minerals and Geology and paid by the applicant. <br />T3-2-2 12/02 <br />