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objectives of the monitoring program. TCC considers the loss of data to be negligible based upon the other data obtained. 3. TCC did not survey the segment of line A-A' outside the subsided area. They measured the portion of the line which was reasonably expected to subside during the Panel 5 advance. 4. There is no set deadline for submittal of the subsidence report in the permit. They collect data for six months, analyze it and then submit their report to the Division. Upon completion of data collection, it generally takes them 10-12 weeks to complete the report. Mr. Mills strongly objected to the proposed civil penalty. He felt there were several unsupported and inaccurate statements in the narrative. As a result I will base the civil penalty upon the facts I heard presented in the assessment conference. History There have been three NOV's during the past twelve months. History is $150.00. Seriousness Overall, it appears TCC collected the required monitoring data. The fact that the baseline data was collected 15 rather than 30 days prior to commencing longwall mining seems to be an administrative problem. All required baseline information was collected. However, Rent Gorham said subsidence began during the week data was not collected. At this point it is unclear what the consequences of the missing data are. The impacts of not surveying the full length of line A-A' are also unclear since subsidence in this area is different than other areas. TCC measured that portion of the line that was expected to subside and they do not believe any data was missed, although the Division representative felt it was important to measure the entire length to be certain. Based on the information presented, I feel the damage has been low level of damage. There is the potential for more damage, however, at this point it is unclear whether or not any of the required information will be relevant in the future. $500.00 is assessed for seriousness. au t The operator appears to have a comprehensive, well run monitoring program. For the most part they have diligently collected all required data. The three items identified above were missed. I conclude this represents a low degree of negligence and $250.00 is assessed.