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he Pittsburg & Midway Coal Mining Co. <br />Three-Year NOV History <br />• <br />Name of company or person to whom the violation notice was issued: Marie Shepherd <br />Federal or State Permit Number: NM-00017 <br />MSHA Identification Number: 29-00096 <br />Name of Regulatory Authority or agency which Issued the violation notice: Office of Surface Mining <br />Date of Issuance: 07/17/07 Violation No.: 07-020-190-002 <br />Brief Description of the violation(s): Failure to protect stockpiled topsoil form contaminants. <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 7/19/07. <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: Contaminated topsoil removed form topsoil pile 12-1 by 7/19/07. <br />Name of company or person to whom the violation notice was issued: Marie Shepherd <br />Federal or State Permit Number: NM-00017 <br />MSHA Identification Number: 29-00096 <br />Name of Regulatory Authority or agency which Issued the violation notice: Office of Surface Minim <br />Date of Issuance: 06/07/07 Violation No.: 07-020-190-001 <br />Brief Description of the violation(s): Failure to prevent flyrock from traveling beyond the permit 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 6/]2/07. <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: Flyrock removed and abated by 6/12/07 <br />Name of company or person to whom the violation notice was issued: David Beverlin <br />Federal or State Permit Number: NM-00017 <br />MSHA Identification Number: 29-00096 <br />Name of Regulatory Authority or agency which Issued the violation notice: Office of Surface Minim <br />Date of Issuance: 03/15/07 Violation No.: 07-020-179-001 <br />Brief Description of the violation(s): Part 1:Failed to prevent flyrock from going beyond the permit boundary; Part <br />2: Failure to prevent topsoil contamination by flyrock on areas where topsoil had not yet been salvaged and <br />segregated 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: Informal conference on assessment scheduled for June 8. 2007. Results <br />endin . <br />Current Status of Violation: Part 1 of 2 terminated on 3/15/07; Part 2 of 2 terminated on 3/16/07. <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: Mitigation work completed by 3/15/07 for Part 1 of the NOV and work to <br />• mitigate Part 2 of the NOV was completed on 3/16/07. <br />Last Updated: December 18, 2007 Page 3 <br />