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The Pittsburg & Midway Coal Mining Co. <br />Three-Year NOV History <br />Name of company or person to whom the violation notice was issued: Marie Shepherd • <br />Federal or State Permit Number: NM-0001) <br />MSHA Identification Number: 29-00096 <br />Name of Regulatory Authority or agency which Issued the violation notice: Office of Surface Minin <br />Date of Issuance: 08/29/07 Violation No.: 07-020-1.79-003 <br />Brief Description of the violation(s): Failed to prevent from being cast from the blasting site beyond the permit <br />boundary. <br />History of Administrative or Judicial proceedings on the violation initiated by the applicant or anyone who owns or <br />controls the applicant: <br />Date: <br />Type of Proceeding: None <br />Location: <br />Current Status of Proceedings: <br />Current Status of Violation: Abated on 8/29/07 <br />Actions taken by the applicant or any person who owns or controls the applicant or any person owned or controlled <br />by the applicant to abate the violation: 3 pieces of flyrock of the permit boundary picked up the same da <br />Name of company or person to whom the violation notice was issued: Frank Rivera <br />Federal or State Permit Number: NM-000]J <br />MSHA Identification Number: 29-00096 <br />Name of Regulatory Authority or agency which Issued the violation notice: Office of Surface Minin <br />Date of Issuance: 08/22/07 Violation No.: 07-020-190-003 <br />Brief Description of the violation(s): Failure to conduct surface coal mining operations only as described in the <br />approved permit <br />History of Administrative or Judicial proceedings on the violation initiated by the applicant or anyone who owns or • <br />controls the applicant: <br />Date: <br />Type of Proceeding: None <br />Location: <br />Current Status of Proceedings: <br />Current Status of Violation: Abated on 8/22/07 <br />Actions taken by the applicant or any person who owns or controls the applicant or any person owned or controlled <br />by the applicant to abate the violation• Operator obtained approval for culvert installation camp afrPrnnnn <br />Name of company or person to whom the violation notice was issued: Frank Rivera <br />Federal or State Permit Number: NM-0001) <br />MSHA Identification Number: 29-00096 <br />Name of Regulatory Authority or agency which Issued the violation notice: Office of Surface Minin <br />Date of Issuance: 07/18/07 Violation No.: 07-020-1.79-002 <br />Brief Description of the violation(s): Failed to protect topsoil materials from water erosion after seeding and planting <br />as required. <br />History of Administrative or Judicial proceedings on the violation initiated by the applicant or anyone who owns or <br />controls the applicant: <br />Date: <br />Type of Proceeding: None <br />Location: <br />Current Status of Proceedings: <br />Current Status of Violation: Abated on 7/20/07. <br />Actions taken by the applicant or any person who owns or controls the applicant or any person owned or controlled <br />by the applicant to abate the violation: 'h of abatement required finished by 7/19/07• complete abatement by XXXX <br />Last Updated: December 18, 2007 <br />Page 2 <br />