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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 />