2008-10-03_PERMIT FILE - C1982056A (6)

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RESPONSE This Rule is not applicable due to the negative responses to 2.03.5(1)(a) and (b) above. ~3) A list of all violation notices received b ty he applicant during the three vear period preceding the application date, for anv violation of a provision of the Act or of anv law rule or regulation of the United States or of any State law, rule or regulation enacted pursuant to Federal law rule or regulation pertaining to air or water environmental protection incurred in connection with any surface coal minim operation and a list of all unabated cessation orders and unabated air and water quality violation notices received prior to the date of the application by any surface coal mining and reclamation operation owned or controlled by either the applicant or by anv person who owns or controls the applicant. For each violation notice or cessation order reported the lists shall include the following information as applicable• (al Anv identifvin~ numbers for the operation including the Federal or State permit number and MSHA number, the dates of issuance of the violation notice and MSHA number the name of the person to whom the violation notice was issued, and the name of the issuin regulatory authority department or a enc~ (b) A brief description of the particular violation alleged in the notice• (c) The date, location and type of anv administrative of judicial proceedings initiated concerning the violation, including but not limited to proceedings initiated by the applicant to obtain administrative or~udicial review of the violations• (dl The current status of the proceedings and of the violation notice• fe) The actions, if anv, taken b ty he applicant to abate the violation• and (fl The final resolution of any notice of violation SPONSE The following is a list of violations the applicant has received during the three-year period preceding the application date of this permit revision. Mine Identification - DMG Permit No. C 82-056 MSHA ID No. -OS-03836; Issued 1983 Violation Identification: CV -2007-004, August 24, 2007 Issuing_Re ug l~ry Authority: Division of Reclamation, Mining, and Safety Brief Description of Violation: Failure to conduct mining operations in accordance with permitted plans, specifically, un-permitted disturbance of the surface, augering of geotechnical test holes, and excavation of geotechnical test pits for the proposed 6MN Mine Water Storage Reservoir. Date, Location and Type of Administrative Proceedings_ Notice of Proposed Assessment issued on September 20, 2007 for a proposed civil penalty of $900.00. A Notice and Order to Pay Fixed Penalty was issued October 11, 2007, and payment was submitted on October 15, 2007. Current Status: NOV terminated on September 20, 2007. Actions Taken to Abate Violation: The minimal surface disturbance associated with the site geotechnical investigations was reclaimed immediately following completion of soil augering and test pit excavation. A Technical Revision application (TR07-62), addressing permitting of the geotechnical investigations, was submitted on September 4 2007, and subsequently approved on February 4, 2008. Final Resolution: The NOV was terminated on September 20, 2007, and TCC submitted payment for the $900.00 civil penalty on October 15, 2007. :~ TR08-64 2.03-19.1 06/17/08