2008-03-05_PERMIT FILE - C1981013A

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Violation 00-03-02: The following practice or condition was observed: The operator was not mining in accordance with the approved mine plan. The approved plan depicted the mine passes in an east-west orientation, but the operator was mining in a NE-SW • direction 23 degrees deviation to the north from the approved layout in SMP84003B. Action: 1) Immediately conduct all mining in accordance with the approved permit (SMP840038) and mine plan, or submit and receive approval for a revised Mine Plan reflecting the changed orientation in the mine passes prior to conducting any further mining operations in the specific area. 2). Submit documentation to the Department that the unapproved change in mine pit orientation does not significantly affect the current approved reclamation plan, or if the unapproved change in mine pit orientation does significantly affect the currently approved reclamation plan, submit a request to revise the approved reclamation plan accordingly. This information must be submitted to the Department by January 6, 2001. , Termination: March 25, 2002; fine assessed $900. Montana, Rosebud Mine, Permit SMP85003C MSHA ID 24-01747 December 14, 2000 Regulatory Agency: Montana Department of Environmental Quality Violation 00-03-03: Trap TB-064-1, in Area C, was constructed in mid-May 2000 but not constructed to provide the approved storage volume. The trap was not surveyed immediately after • construction as required (survey date October 17, 2000; see 11/8/2000 WECo letter). The surveyed volume of -1.5 acre-feet (AF) was less than the approved design volume of 2.6AF (type B standard trap with greater than 10 acres and less than 20 acres drainage area; see MR96-03-07. ' Action: 1) Reviewing its standard trap construction, survey and certification program and ensuring that existing traps are constructed and surveyed to approved requirements, and promptly certified. The review and related work must be completed within 60 days of receipt of the notice of violation; and 2) Surveying all future traps immediately after construction, ensuring that they are constructed to approved design requirements and promptly certified. Terminated: May 15, 2001; fine assessed $300. Montana, Rosebud Mine, Permit SMP84003B MSHA ID 24-01747 May 9, 2001 Regulatory Agency: Montana Department of Environmental Quality Violation 01-03-01: Chisel plowing revegetated acres (fields 2855, 2856, and 2865) after the last seeding and planting (ARM 17.24.725(1)) is not an approved normal husbandry practice for approved reclamation types at Western Energy except for cropland. Action: Submitted alternate reclamation plan on 11/30/01 Termination: March 19, 2002 Fine assessed: $200.00 Montana, Rosebud Mine, Permit SMP85003C • -F'R-4 2.03-10 (Revised 3/6/04) RN