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January 9, 2013 C- 1996 - 083 /13owie No. 2 Mine SLB <br />ENFORCEMENT ACTIONS /COMPLIANCE <br />Infraction Number: CV2013001 <br />Inspection Date: January 9, 2013 <br />Date Issued: January 11, 2013 <br />Primary Topic: Gen. Compliance With Mine Plan <br />Secondary Topic: Topsoil <br />Tertiary Topic: Financial Warranty <br />Description: <br />Failure to obtain a technical revision for a modification to the terms or requirements of the <br />permit for design changes for a regulated structure, as required by Rule 2.08.4(2). <br />Failure to obtain final approval before implementing a technical revision, as required by Rule <br />2.08.4(4). <br />Failure to obtain approval of a performance bond covering the surface acreage to be affected <br />prior to disturbing surface acreage, as required by Rule 3.02.1(2). <br />Failure to save topsoil and subsoils before disturbance of areas affected by surface coal mining <br />operations, as required by Rule 4.06.1(1). <br />STEPS NECESSARY TO ABATE VIOLATION (REMEDIAL ACTION): <br />Abatement Step Description <br />1 Provide all materials necessary to obtain approval for Technical Revision No. <br />76 to authorize disturbance. <br />2 Post appropriate financial warranty for existing disturbance and any additional <br />proposed disturbance. <br />3 Save all topsoil in accordance with Rule 4.06.2. <br />TIME FOR ABATEMENT (NOT MORE THAN 90 DAYS): <br />ON OR BEFORE last abatement due date <br />Abatement Step # Due Date <br />1 February 12, 2013 <br />2 WiUpon final approval of Technical Revision No. 76 — and no later than <br />February 12, 2013 <br />3 Upon final approval of TR -76 — and no later than February 12, 2013 <br />Number of Partial Inspection this Fiscal Year: 9 <br />Number of Complete Inspections this Fiscal Year: 2 <br />Page 6 of 12 <br />