2009-07-07_PERMIT FILE - C1980001A ‎(2)‎

• Permit No: C1980001A
• IBM Index Class Name: Permit File
• Doc Date: 7/7/2009
• Section_Exhibit Name: 3.7 Legal, Financial and Compliance Information
• Media Type: D
• Archive: Yes

The Pittsburg & Midway Coal Mining Co.
Three-Year NOV History
by the applicant to abate the violation: None. Point in time violation..
Name of company or person to whom the violation notice was issued: Henry McCabe
Federal or State Permit Number: NM-0001 I
MSHA Identification Number: 29-00096
Name of Regulatory Authority or agency which Issued the violation notice: Office Of Surface Mining
Date of Issuance: Dec. 1, 2005 Violation No.: OS-020-352-003 with 5 parts
Brief Description of the violation(s): 1/5: Failure to comply with reclamation envelope distances, B-C distance; 2/5:
Failure to maintain a diversion to be stable; 3/5: Failure to conduct seismic monitoring on a blast where the amount
of explosives detonated during an 8 millisecond period exceeded the scaled distance formula allowable limit; 4/5:
Failure to conduct seismic monitoring on a blast where the amount of explosives detonated during an 8 millisecond
period exceeded the scaled distance formula allowable limit; & 5/5: Exceeding the allowable air blast limits during
blasting operations. Air blast of 139 decibels.
History of Administrative or Judicial proceedings on the violation initiated by the applicant or anyone who owns or
controls the applicant:
Date:
Type of Proceeding: None
Location:
Current Status of Proceedings:
Current Status of Violation: 1/S: On 12/22/05, OSM approved extension for abatement to 3/1/06 so
McKinleJ~ Mine can submit permit revision to OSM for approval ; 2/S:
Terminated 12/23/05; 3/S, 4/S & 5/5: 30 points and no fine assessed by OSM•
Payment of $3,308 submitted on 2/22/06 to satisfy OSM's 1/31/06 Final Order
requirements..
Actions taken by the applicant or any person who owns or controls the applicant or any person owned or controlled
by the applicant to abate the violation: 1/5: Extensive gradin~of spoil initiated in Areas 14 & 15 in December,
2005 to comply with envelope re~cirements; 2/5: Diversion restored to function as designed 12/01/05 and riprap
installation completed 12/22/05.
Name of company or person to whom the violation notice was issued: Frank Rivera
Federal or State Permit Number: NM-0001 I
MSHA Identification Number: 29-00096
Name of Regulatory Authority or agency which Issued the violation notice: Office Of Surface Minim
Date of Issuance: Sept. 29, 2005 Violation No.: OS-020-107-003, 2 Parts
Brief Descriprion of the violation(s): the Field modification of Diversion 10-29 without OSM review and approval;
& 2/2: Failure to maintain siltation structure/sedimentation ponds as designed (Pond 12-2).
History of Administrative or Judicial proceedings on the violation initiated by the applicant or anyone who owns or
controls the applicant:
Date:
Type of Proceeding: None
Location:
Current Status of Proceedings:
Current Status of Violation: Informal conference held December 24, 2005 for both parts, pending OSM
ruling for final assessment.
Actions taken by the applicant or any person who owns or controls the applicant or any person owned or controlled
by the applicant to abate the violation:
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Last Updated: December 18, 2007 Page 8