2009-08-10_PERMIT FILE - C1982056A ‎(3)‎

• Permit No: C1982056A
• IBM Index Class Name: Permit File
• Doc Date: 8/10/2009
• Section_Exhibit Name: 2.03 Legal, Financial, Compliance and Related Information
• Media Type: D
• Archive: Yes

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 by the applicant during the three year period preceding the application
date for any violation of a provision of the Act or of anv law, rule or regulation of the United States, or of anv
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 miningi operation, and a list of all
unabated cessation orders and unabated air and water quality violation notices received prior to the date of the
implication b�any surface coal mining and reclamation operation owned or controlled by either the applicant or
by any person who owns or controls the gpplicant For each violation notice or cessation order reported, the lists
shall include the following information, as applicable:
(a) Av identifying 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 issuing, regulatory authority, department or
agency,
(b) A brief description of the particular violation alleged in the notice;
(c) The date, location and type of any administrative of judicial proceedings initiated
concerning the violation, including, but not limited to, proceedings initiated by the applicant to obtain
administrative or judicial review of the violations,
(d) The current status of the proceedings and of the violation notice,
(e) The actions, if any, taken b,, t�pplicant to abate the violation; and
(f) The final resolution of any notice of violation.
RESPONSE
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. -05- 03836; Issued 1983
Violation Identification: CV - 2008 -006, December 9, 2008
Issuing Regulato , Army Division of Reclamation, Mining, and Safety
Brief Description of Violation Failure to conduct mining operations in accordance with permitted plans,
specifically, initiation of earthwork by a contractor prior to issuance of the final approval decision documents for a
pending Minor Revision, for construction of a clay staging area for the final permitted area of the coal refuse storage
area.
Date, Location and Type of Administrative Proceedings_ Notice of Proposed Assessment issued on January 5, 2009
for a proposed civil penalty of $500.00. A Notice and Order to Pay Fixed Penalty was issued January 22, 2009, and
payment was submitted on January 29, 2009.
Current Status: NOV terminated on December 18, 2008.
Actions Taken to Abate Violation: The pending Minor Revision was approved on December 18, 2008,
effectively teminating the NOV.
Final Resolution: The NOV was terminated on December 18, 2008, and TCC submitted payment for the
$500.00 civil penalty on October 15, 2007.
TR09 -68 2.03 -19.1 07/06/09