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GCC Energy, LLC <br />CV-2012-003 <br />The Division accepts the plan proposed by GCCE. Abatement Steps and Time for Abatement are <br />modified for this NOV, as follows: <br />STEPS NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION): <br />Abatement <br />Step # Description <br />1 Submit a Technical Revision application to the permit which supports leaving all, or a <br />portion of, the Coal Mine Waste placed as backfill, in accordance with Rules 4.09.1, <br />4.09.2, 4. 10, and 4.11; OR notify the Division that the Coal Mine Waste will be <br />removed from the backfilled area and placed on the approved Refuse Pile. <br />2 Remove any Coal Mine Waste not intended to be approved as permanent backfill, and <br />transport the waste to the approved Refuse Pile. <br />TIME FOR ABATEMENT: <br />Abatement Steb # Due Date <br />1 July 10, 2012* <br />2 July 10, 2012* <br />* This date represents 90 days from the date of issuance of the NOV. GCCE's timeline estimates <br />dates of July 31, 2012 and August 31, 2012 for Abatement Steps 91 and #2, respectively. The <br />Division anticipates that extension(s) beyond the dates shown above may be requested and <br />granted as appropriate, in accordance with Rule 5.03.2(2). <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />BY <br />(Signature of Authorized Representative) <br />Date of Issue: June 1, 2012 <br />Marcia L. Talvitie, P.E. <br />Environmental Protection Specialist <br />(Please Print Name and Title) <br />WHITE - File YELLOW - Operator PINK - Specialist <br />m:\ coal\ share \forms \NOV Modification. doc <br />