2009-10-30_PERMIT FILE - C1982056A (4)

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Step 6e - Provide estimate of total discharge volume (Abatement date 10/13/06 - Completed 10/13/06 - Abated 10/13/06) Step 6f - Submit written report to CDRMS (Abatement date 10/13/06 - Completed 10/13/06 - Abated 10/13/06) Step 7 - Submit plans for abatement of potential long-term impacts with schedule and concurrence from jurisdictional agencies (Abatement date 10/10/06 - Completed 09/14/06 except for agency concurrence - Abated 10/06/06) Step 8 - Continue surface water monitoring and submit copy of 3`d Quarter DMR to CDRMS (Abatement date 10/30/06 - Completed 10/30/06 - Abated 10/30/06) Step 9a - Reestablish and document temporary stormwater storage and discharge capabilities consistent with approved design ((Abatement date 11/17/06 - Abated 11/17/06) Step 9b - Remove coal fines accumulation from north pond area and dispose of coal fines in existing coal refuse area (Abatement date 01/31/07 - Abated 01/30/07) Step 10 - Submit as-built drawings for Pond E restoration along with documentation of treatment adequacy (Abatement date 02/09/07 - Abated 02/08/07) Step 11 - Submit final clean-up report to CDRMS, CDPHE-WQCD, CDOW, and USACE (Abatement date 02/09/07 - Abated 02/09/07) Final Resolution: The NOV was terminated on February 9, 2007, and TCC submitted payment for the $2,050.00 civil penalty on October 15, 2006. Mine Identification - DMG Permit No. C 82-056 MSHA ID No. -05-03836; Issued 1983 Violation Identification: CV -2006-004, September 5, 2006 Issuing Regulatory Authority: Division of Reclamation, Mining, and Safety Brief Description of Violation: Failure to limit disturbance to approved areas - In discharging water and mud from 6MN Shaft excavation, shaft contractor splashed material over the edge of the existing drainage control ditch onto adjacent undisturbed area and stream buffer zone. None of the spilled material reached an active drainage. Date, Location and Type of Administrative Proceedings: Notice of Proposed Assessment issued on September 21, 2006 for a proposed civil penalty of $250.00. A Notice and Order to Pay Fixed Penalty issued October 5, 2006, and payment was submitted on October 10, 2006. Current Status: NOV terminated on September 5, 2006. Actions Taken to Abate Violation: Actions resulting in spill were addressed through immediate conversations with contractor. Ditch was cleaned-out the day after the inspection (August 24, 2006), and a protective berm was established on the far side of the ditch to provide an additional measure of protection from any material that might splash during discharge to the ditch. The contractor cleaned the minor amount of splashed material from the vegetation adjacent to the ditch by hand. Final Resolution: The NOV was terminated and TCC submitted payment for the $250.00 civil penalty on October 10, 2006. (4) After an applicant is notified that his or her application is approved, but before the permit is issued, the applicant shall, as applicable, update, correct, or indicate that no change has occurred in the information previously submitted under this section. TR09-68 2.03-21 07/06/09