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Inspector Morrison issued a modification to NOV-26 which expanded <br />the application of the NOV. The modification stated that "[t]he <br />outlet of culvert E-12 is included in the citation where coal and <br />mud slurry has been deposited on undisturbed lands." To remedy <br />this situation, P&M was directed to remove the coal fines and mud <br />from the undisturbed lands. A copy of the modification to NOV-26 <br />is attached hereto as Exhibit B. <br />5. A proposed civil penalty was assessed by CDMG against <br />P&M in the amount of $2,250.00 on April 22, 1993. An assessment <br />conference was held on May 11, 1993 between representatives of <br />CDMG and P&M to discuss NOV-26 and said penalty. On May 20, 1993 <br />a proposed Settlement Agreement was issued by the CDMG Conference <br />Officer, wherein it was held that the part of NOV-26 covering the <br />coal spillage under and around the conveyor belt system was <br />improperly issued, The Settlement Agreement also reduced the <br />amount of the civil penalty to $1,000.00. P&M declined to agree <br />to the Settlement Agreement. On June 3, 1993 CDMG issued a <br />notice to P&M affirming NOV-26 and ordering P&M to pay a fixed <br />penalty in the amount of $1,000.00 for NOV-26. On June 7, 1993 <br />CDMG issued a modification of NOV-26 which eliminates the coal <br />conveyor system from NOV-26. A copy of the June 7th modification <br />is attached hereto as Exhibit C. <br />6. P&M contests both the fact of the violations alleged in <br />NOV-26 and the amount of the penalty assessed, and raises the <br />following objections and issues: <br />-3- <br />