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and DMG terminated the NOV. <br />NOV CV-2002-004 was issued on March 27, 2002 for "Failure to maintain sediment <br />pond primary spillway as necessary to ensure function in accordance with approved <br />design." A civil penalty of $250 was assessed by DMG. BME took corrective <br />actions, paid the fine and DMG terminated the NOV. <br />NOV CV-2002-15 was issued on July 10, 2002 for "Failure to properly water or <br />otherwise manage refuse disposal area working surface to effectively suppress <br />fugitive dust emissions so as to comply with all applicable state and Federal air <br />quality statutes and regulations." A civil penalty of $1050 was assessed by DMG. <br />BME took corrective actions, paid the fine and DMG terminated the NOV. <br />NOV CV-2002-16 was issued on July 11, 2002 for "Failure to provide for proper <br />surface drainage during coal mine waste pile construction in accordance with <br />approved plan and applicable regulations." A civil penalty of $500 was assessed by <br />DMG. BME revised the permit to reduce confusion concerning the in-pit ditches <br />with TR-58, continued to regrade a refuse stockpile to eliminate a small depression, <br />and paid the fine and DMG terminated the NOV. <br />NOV CV-2002-17 was issued on July 11, 2002 for "Improper ditch construction or <br />maintenance which resulted in erosion of two sediment pond collection ditches; and <br />improper ditch maintenance which exposed a buried pipe segment which could have <br />resulted in disturbed area drainage being routed around the sediment pond and into <br />Scullion Gulch without treatment." A civil penalty of $1250 was assessed by DMG. <br />BME took corrective actions, paid the fine and DMG terminated the NOV. <br />2.03.6 Right of Entry and Operation Information <br />Documents upon which Blue Mountain Energy, Inc. bases its legal right to enter and <br />begin mining activities in the permit area are included as Exhibit I-1 through I-3 at <br />the end of this section. There is no pending litigation regarding either surface or <br />mineral ownership. <br />2.03.7 Relationship to Areas Designated Unsuitable for Mining <br />2.03.7(1)Unsuitable Designation Status. An environmental impact assessment prepared <br />by Bureau of Land Management (BLM) stated that the twenty criteria contained in <br />Permit Revision #05 (05/2005) I-8 <br />