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NOV C-95-004 <br />Bowie Mine No. 1 <br />This NOV was issued for failure to provide required information <br />regarding owners and controllers of the mining operation in the <br />permit application package prior to mining. <br />HISTORY <br />No NOV's have been issued at this site during the past twelve <br />months. No penalty is assessed for history. <br />SERIOUSNESS <br />The regulations require identification and compliance information <br />for all owners and controllers of coal mining operations to ensure <br />that the Division and the public know who the responsible parties <br />are at an operation, and to prevent persons who are not legally <br />eligible to obtain a coal mining permit from mining coal. Failure <br />to provide this required information obstructs the Division's <br />ability to verify compliance with this portion of the regulations. <br />Without the ability to ensure compliance with this regulatory <br />requirement, the Division cannot prevent potential recurrences of <br />compliance problems by parties with past histories of <br />noncompliance. In this instance, the persons conducting the mining <br />operations were not legally eligible to obtain a permit or conduct <br />coal mining operations in the U.S. $500 is assessed for <br />seriousness due to the obstruction of a critical part of the <br />Division's enforcement capability. <br />FAULT <br />The operator was apparently aware of the need to submit ownership <br />and control information as a result of discussions pertaining to a <br />recent succession of operators. At the very least, failure to <br />comply demonstrates a high degree of negligence on the operator's <br />part. $750 is assessed for negligence. <br />GOOD FAITH <br />The violation has not yet been abated, so good faith is not <br />relevant at this time. <br />c:\wp51\041295 <br />