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Proposed Civil Penalty Assessment <br />NOV CV-97-007 <br />Pittsburg & Midway Coal Mining Co. <br />Edna Mine <br />Permit No. C-80-001 <br />Daniel I. Hernandez <br />Senior Environmental Protection Specialist <br />July 11, 1997 <br />The following materials were reviewed in the prepazation of this proposed assessment: <br />DMG Inspection Report, June 11, 1997 <br />2. DMG NOV CV-97-007 Form, June 20, 1997 <br />3. DMG NOV Modification Notice, June 27, 1997 <br />4. DMG NOV Abatement Extension Notices (3), July 8, 1997 <br />5. DMG Photographs, June 11-12, 1997 (4 sets of slides, 1 set of prints) <br />6. Permittee Comments on NOV, July 1, 1997 (received July 2, 1997) <br />July 7, 1997 Memo from Jim Burnell to Dan Hernandez regazding NOV <br />History (Rule 5.04.5(3)(a)) <br />$0.00 <br />The permittee has not received any NOV's or CO's within the twelve month period prior to the <br />issuance of this NOV. <br />Seriousness (Rule 5.04.5(3)(6)) <br />$1,250.00 <br />This NOV cited violation of performance standazds rather than administrative requirements. <br />Rule 5.04.5(3)(b)(I) was therefore applied. <br />There were four azeas of disturbance associated with the modified NOV. Then were the "super <br />curve" at the West Ridge Access Road, the north end of the Moffat Pond, awes[-facing slope <br />neaz the north end of the Moffat Area, and Tipple Pond 2. All were associated with the <br />permittee's failures to properly control surface water runoff, which resulted in impacts to <br />