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The Pittsburg & Midway Coal Mining Co. <br />Three-Year NOV History <br />by the applicant to abate the violation: Development ceased until approval to proceed was received.. Permit revision <br />submitted and approved on 10/13/06. Included prior submittals of 6/15, 7/14 and 9/12. <br />Name of company or person to whom the violation notice was issued: Marie Shepherd <br />Federal or State Permit Number: NM-000lI <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: October 5, 2006 Violation No.: 06-020-190-003 <br />Brief Description of the violation(s): Failure to protect redistributed topsoil from 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: <br />Current Status of Violation: No civil penaltyper NOPA dated 10/17/06. <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: Work completed 10/11. Termination received 10/18/06 . <br />Name of company or person to whom the violation notice was issued: Eugene Shorty <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 Mining <br />Date of Issuance: July 19, 2006 Violation No.: 06-020-190-002 <br />Brief Description of the violation(s): Failure to maintain drainage control for a primary road in accordance with the <br />. approved plan. <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 8/2/06. In orn~al conference requested 8/30/06. Fines reduced at the <br />final conference conclusion to $2,640., <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: Repairs were completed 7/31/06... <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 Mining <br />Date of Issuance: July 29, 2006 Violation No.: 06-020-179-001 <br />Brief Description of the violation(s): Failure to maintain drainage pipes and culverts in a free and operating manner. <br />Failure to minimize erosion to the extent possible on inside slope of pond structure. Failure to protect stockpiles <br />topsoil from 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: <br />Current Status of Violation: Violation 1 abated 8/3/06. Violations 2 and 3 abated 8/2/06.Informal <br />Iast Updated: December 18, 2007 Page 5 <br />