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My recommendations are set forth below <br />Fact of Violation <br />I find that a violation did occur. The regulation in effect in Aprii, 1490, which <br />corresponds to the regulation cited in the NOV was Rule 2.03.4(2)(c). This rule <br />required a listing of the "names under which the applicant, partner, or principal <br />shareholder previously operated a surface coal mining operation in the United <br />States within five years preceding the date of application". In the April, 1990 <br />revision application, John R. Adams was listed as the chairman and as one of four <br />directors of EFCI. Although apparently not the case at the time, Mr. Adams is <br />currently listed as the sole shareholder of EFCI. He was not listed as a principal <br />shareholder in the 1990 revision application. <br />While the wording of the specific regulation leaves room for interpretation, the <br />intent of the regulation when taken in context with the Identification of Interests <br />section as a whole, is to identify those individuals occupying positions of <br />control, and to identify any other coal operations in which they have held the same <br />or similar positions of control. This intent is clarified substantially in the <br />revised Identification of Interests regulations. <br />Civil Penalty Assessment <br />The proposed civil penalty was: <br />History 50.00 <br />Seriousness $1,250.00 <br />Fault $1,000.00 <br />Good Faith $ 0.00 <br />TOTAL $2,250.00 <br />History <br />The history component was not disputed. <br />