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-2- 2. NOV C-88-038 was issued August 5, 1988 for failure to stockpile coal and ispod~ se o~underground development waste in accordance with the approved permit. An open coal stockpile of approximately 500 yd3 was stored on the portal bench and berm was constructed of development waste on the outside curve of the portal bench access road. Rule 5.03.2(2 )(a ), 4,09.1, Pages 20 and 21 of August 1986 Findings and Sections 2.05.3 and 2.05.6(1) of the permit application were cited in support of the violation. Abatement was to consist of removing open coal stockpile and disposing of the underground waste as required by approved permit or obtaining approval for temporary storage of stockpiled material-by January 31, 1989. The NOY was terminated January 30, 1989. The proposed penalty for the violation was $800.00. An assessment conference was held September 13, 1988. TY~e violation was upheld but the penalty was reduced to $300.00, The conference officer assessed $50.00 for history, maintained seriousness at $250,00, but reduced fault from $500.00 to $0. (Here again, the limited access had by the operator to the property as a result of the lawsuit filed by the individual allowed to mine was held to reduce the degree of fault to $0 ). The penalty was paid October 28, 1988. 3, NOV C-88-039 was issued August 5, 1988 for failure to conduct surface wa er mono oring as required by approved permit. Specifically, monitoring at two sites along the Hay Gulch Ditch had not been conducted. Rule 4,05.13(2)(a); Section 2.04.7 of the permit application, and Section YI, page 10 of the August 1, 1986 Findings were cited in support of the violation. Abatement was to consist of implementing approved monitoring and submittal of 3rd Quarter 1988 monitoring data by November 1, 1988. The violation was terminated November 1, 1988. The proposed penalty for the violation was $650.00. An assessment conference was held September 13, 1988. The violation was upheld but the penalty was reduced to $300.00. The conference officer assessed 550.00 for history but held the violation, since aaministrative, not to be serious. The operator, however, was found at fault for not monitoring and assessed $250.00. (Access to the monitoring sites was not limited by the lawsuit previously referred to under NOV C-88-031 and C-88-038.) The penalty was paid October 28, 1988.