2010-12-15_PERMIT FILE - C1980005A (4)

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Peabody Energy Corporation: Notice of Violation List - Page: 13 For NOVs Issued Between 1/112007 and 12/31/2009 Date Printed: 06/16/2010 0 Mine Subarea: J-21 Cause: Failure to maintain sediment ponds. Pond J21-C has erosion on the in-slopes from failure of v-ditches and a hole about 12 inches in diameter in the embankment. Ponds j21-A1 and J21-G1 have in-slope erosion from a ditch failure and inlet erosion. Status: Terminated As Of: 12/10/2008 Action: Repair erosion and reconstruct inlets. Penalty: 650.00 Mine Subarea: J-21 Cause: Failure to stabilize all exposed surface areas in respect to erosion. Failure to reclaim in a contemporaneous manner. Failure to maintain a road to prevent erosion. Failure to reclaim a road not to be retained under an approved post mining land use. Status: Terminated As Of: 12/12/2008 Action: Reclaim road to protect against further erosion. Penalty: 0.00 Mine Subarea: J-21 Cause: Failure to submit designs and obtain approval for a water impoundment. Status: Terminated As Of: 12/12/2008 Action: Remove impoundment and provide positive drainage. Penalty: 650.00 Permitee: Peabody Western Coal Company Mine: Kayenta Permit: AZ-0001D MSHA ID: 02-01195 County: NAVAJO State: AZ NOV: CO-08-020-352-001 Issue Date: 12/1212008 Issuer: U.S. Office of Surface Mining Mine Subarea: J-21 hallure to maintain sediment Nond JL1-A1. Pond has in-slope erosion trom a ditch tallUre. I his Was IndUded in violation number 2 of 6 in Notice Cause: of Violation 08-020-352-006. The time for abatement of this violaiton was 08:00 am on December 12, 2008. This part of the violation remained uncorrected as of 12:00 om on December 12. 2008. Status: Terminated As Of., 12/12/2008 Action: Reconstruct ditch and repair erosion on in-slope. Penally: 1,025.00 0 Permitee: Peabody Western Coal Company