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The Pittsburg & Midway Coal Mining Co. <br />Three-Year NOV History <br />conference requested 8/30/06. Assessment of $2, 698 paid.. <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 8/1/06. <br />Name of company or person to whom the violation notice was issued: Orlinda Dineyazhe <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: July 19, 2006 Violation No.: 06-020-107-00] <br />Brief Description of the violation(s): Failure to protect stockpiled topsoil from erosion, breach in berms around two <br />stockpiles. <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: Terminated 7/20/06.Informal con erence requested 8/30/06. Assessment of <br />$1,540 paid.. <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: Berms were repaired on 7/19/06... <br />Name of company or person to whom the violation notice was issued: Marie Shepherd <br />Federal or State Permit Number: 2006-02 <br />MSHA Identification Number: 29-00096 <br />Name of Regulatory Authority or agency which Issued the violation notice: New Mexico Mining and <br />Minerals Division <br />• <br />Date of Issuance: July 19, 2006 Violation No.: 680 • <br />Brief Description of the violation(s): Failure of the operator to complete backfilling and grading in accordance with <br />the approved time schedule for final pit closure.. <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: NOV vacated on 8/8/96 through informal con erence... <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. Request informal conferencel on the facts of the violation.. <br />Name of company or person to whom the violation notice was issued: Marie Shepherd <br />Federal or State Permit Number: 2006-02 <br />MSHA Identification Number: 29-00096 <br />Name of Regulatory Authority or agency which Issued the violation notice: New Mexico Mining and <br />Minerals Division <br />Date of Issuance: July 19, 2006 Violation No.: 679 <br />Brief Description of the violation(s): Failure to comply with Special Condition No. 1 of the permit. Must submit an <br />approvable post mining topo plan for the Area 10 Pit. <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: NOV terminated on 11/8/06 with approval of AOC plan. Penalty fee reduced <br />Iast Updated: December 18, 2007 Page 6 <br />