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NOV CV-2003-013 was issued on 18 February 2003 for a four part blasting violation. NOV <br />CV-2003-013 was terminated on 26 November 2003. <br />NOV CV-2004-001 was issued on 22 June 2004 for mining unleased Federal coal without proper <br />State and Federal approvals. NOV CV-2004-001 was terminated on 31 October 2005. <br />NOV CV-2004-006 was issued on 25 October 2004 for failure to notify the Division of a CDPS <br />exceedence within 5-days. NOV CV-2004-006 was terminated on 21 December 2005. <br />NOV CV-2008-003 was issued on 23 July 2008 for failure to obtain approval for a ditch and <br />failure to demonstrate compliance of a pond. NOV CV-2008-003 was terminated on 29 <br />September 2008. <br />NOV CV-2008-004 was issued on 26 August 2008 for failure to minimize disturbance to the <br />hydrologic balance at the mine and for associated off-site impacts. NOV CV-2008-004 was <br />terminated on 19 February 2009. <br />3.1.9 Applicant/Violator System <br />Applicant/Violator System (AVS) checks were accomplished on 17 August 2007 and 15 <br />September 2009. Another check will be made after the proposed decision and before issuance of <br />the permit. <br />3.1.10 Proposed Decision Date <br />A proposed Decision date of 14 September 2009 on the renewal application is based on this <br />Findings document. <br />3. 1.11 Public Notification of Proposed Approval and Issuance of the Revision <br />Notice of the proposed Decision will be published in the Craig Daily Press twice [Rule <br />2.07.4(2)(d)]. Notification letters of the proposed Decision will be sent to the Colowyo Coal <br />Company, L.P. (Applicant) [Rules 2.07.4(2)(c) and 2.08.5(3)(b)]; Office of Surface Mining, <br />Western Regional Coordinating Center [Rules 2.07.4(2)(c) and 2.08.5(3)(b)]; the Colorado <br />Historical Society, the State Engineer's Office and the Division of Wildlife [Rule 2.07.4(2)(c)]; <br />the surface and mineral owners of record of the affected land (Bureau of Land Management and <br />the State Board of Land Commissioners); and to the Moffat and Rio Blanco County <br />Commissioners [Rule 2.08.5(3)(b)]. <br />If no objections are made within 30 days (public comment period) of the first publication [Rule <br />2.07.4(3)(a)], with clearance from a final AVS check, the proposed decision will be issued and <br />considered final within five days of the close of the public comment period [Rule 2.07.4(3)(c)]. <br />Proposed Decision and Findings of Compliance 14 September 2009 <br />Permit Renewal 05 Page 18