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<br />III IIIIIIIIIIIII III <br />999 <br />ASSESSMENT CONFERENCE MAY 10,1993 <br />THE PITTSBURG & MIDWAY COAL MINING CO. <br />EDNA MINE <br />Notice of Violation: C-93-026 <br />This violation concerns placement of material on undisrurbed aeeas: Failure to design, <br />construct, and maintain sediment control measures to minimize erosion as necessary to <br />provide protection for topsoil and vegetation, and failure to retain sediment wi[hin disturbed <br />areas. <br />Seriousness: The material observed on the undisturbed area was not toxic or acid forming <br />and resulted from snow removal operations during a heavy snow year. No <br />damage to topsoil or the public environment has resulted. <br />P&M requests tha[ this pottion of the fine be reduced to the low end of <br />Low/Moderate. <br />Fault The Civil Penalty Worksheet erroneously states "inspection report indicates <br />probably intentional placement of coal on native ground". No intentional <br />deposi[ion of material occurred on undisturbed ground. Reference CDMG <br />inspection repotts dated 11/27/81 and 2/17/82 regazding cleanup of coal <br />beneath the beltline. <br />P&M requests that this porrion of the fine be reduced to the low end of <br />Negligence. <br />1 `~ <br />~ .1. <br />r,_ . <br />i v <br /> <br />i j ,~~ . <br />~, 4 <br />11 r / , <br />\~ ~ /~! ~ ~ <br />L~ n~ <br />y ~ i . <br />/~ <br /> <br />1. <br />- i~ <br />