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The Pittsburg & Midway Coal Mining Co. <br />Three-Year NOV History <br />• <br />Name of company or person to whom the violation notice was issued: P&M Coal (sent Certified Mail) <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 Mining <br />Date of Issuance: Dec. 14, 2006 Violation No.: 06-020-]90-004 <br />Brief Description of the violation(s): Failure to protect topsoil substitute material from wind and water erosion. <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: Closed. <br />Current Status of Violation: Terminated on 2/21/07 Fine o $f 650~aid 4/17/07. <br />Actions taken by the applicant or any person who owns or controls the applicant or any person owned or controlled <br />b the applicant to abate the violation: Area wase mulched and crimped on 12/15/06.. <br />Name of company or person to whom the violation notice was issued: Eugene Shorty <br />Federal or State Permit Number: NM-000II <br />MSHA Identification Number: 29-00096 <br />Nalne of Regulatory Authority or agency which Issued the violation notice: Office of Surface Minine <br />Date of Issuance: October 26, 2006 Violation No.: 06-020-179-02 <br />Brief Description of the violation(s): Part 1:Failure to protect stored topsoil from contaminants and erosion by water. <br />Part 2: Failure to control or prevent erosion of an ancillary road from pumped water. Part 3: Failure to maintain <br />diversion ditch in a stable condition. • <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: Closed. No civil penalty per NOPA dated 11/17/06. <br />Current Status of Violation: Abatement required h>> 11/29/06. <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: Part 1 repairs completed 11/3, Part 2 repairs completed 10/27, Part 3 repairs <br />completed 11/9/06_ <br />Name of company or person to whom the violation notice was issued: Sent Certified <br />Federal or State Permit Number: NM-0001 I <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: October 12, 2006 Violation No.: 06-020-107-002 <br />Brief Description of the violation(s): Started Area 12 Truckpod prior to final approval of revision application <br />submitted 6/15/06.. <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: Completed. $4,300 assessment paid. <br />Current Status of Violation: Approval to proceed with truck pod development received.. <br />Actions taken by the applicant or any person who owns or controls the applicant or any person owned or controlled • <br />Last Updated: December 18, 2007 Page 4 <br />