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RESPONSE <br />This Rule is not applicable due to the negative responses to 2.03.5(1)(a) and (b) above. <br />• 3 A list of all violation notices received by the applicant during the three year period preceding the application <br />date, for any violation of a provision of the Act or of any law, rule or regulation of the United States or of any <br />State law, rule or regulation enacted pursuant to Federal law, rule or regulation pertaining to air or water <br />environmental protection incurred in connection with any surface coal mining operation and a list of all <br />unabated cessation orders and unabated air and water quality violation notices received prior to the date of the <br />application by any surface coal mining and reclamation operation owned or controlled by either the applicant or <br />by any person who owns or controls the applicant For each violation notice or cessation order reported the lists <br />shall include the following information as applicable: <br />(a) Any identifying numbers for the operation including the Federal or State permit <br />number and MSHA number, the dates of issuance of the violation notice and MSHA number, the name of the <br />person to whom the violation notice was issued and the name of the issuing, regulatory authority, department or <br />agency; <br />(b) A brief description of the particular violation alleged in the notice; <br />(c) The date, location and type of any administrative of judicial proceedings initiated <br />concerning the violation, including but not limited to proceedings initiated by the applicant to obtain <br />administrative or judicial review of the violations; <br />• RESPONSE <br />• <br />(d) The current status of the proceedings and of the violation notice; <br />(e) The actions if any, taken by the applicant to abate the violation; and <br />(f) The final resolution of any notice of violation <br />The following is a list of violations the applicant has received during the three -year period preceding the <br />application date of this permit revision. <br />Mine Identification - DMG Permit No. C 82 -056 <br />MSHA ID No. -05- 03836; Issued 1983 <br />Violation Identification: CV - 2008 -006, December 9, 2008 <br />Issuing Regulatory Authority: Division of Reclamation, Mining, and Safety <br />Brief Description of Violation: Failure to conduct mining operations in accordance with permitted plans, <br />specifically, initiation of earthwork by a contractor prior to issuance of the final approval decision documents for a <br />pending Minor Revision, for construction of a clay staging area for the final permitted area of the coal refuse storage <br />area. <br />Date, Location and Type of Administrative Proceedings_ Notice of Proposed Assessment issued on January 5, 2009 <br />for a proposed civil penalty of $500.00. A Notice and Order to Pay Fixed Penalty was issued January 22, 2009, and <br />payment was submitted on January 29, 2009. <br />Current Status: NOV terminated on December 18, 2008. <br />Actions Taken to Abate Violation: The pending Minor Revision was approved on December 18, 2008, <br />effectively teminating the NOV. <br />Final Resolution: The NOV was terminated on December 18, 2008, and TCC submitted payment for the <br />$500.00 civil penalty on February 11, 2009. <br />MR10 -251 2.03 -19.1 01/07/11 <br />