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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: Teddy Beg_ay_ <br />Federal or State Permit Number: NM-000II <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: Sept. 1, 2005 Violation No.: OS-020-107-002 <br />Brief Description of the violation(s): Failure to comply with the terms and conditions of the permit, all applicable <br />performance standards of the Act, and the requirements of the regulatory program; particularly the Section 5.1 <br />Contemporaneous Reclamation, Table 5.1-1, Mining/Reclamation Envelope Distances", Area 12a-c. <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 abatement date extended twice (I1/1/OS & 12/01/06) pending OSM review <br />f P&M's AOC permit revision application submitted 11/30/05. New <br />abatement date Februan~ 28. 2006. Based on NOPA hearing conducted <br />12/20/05, OSM lowered assessment and vacated penalty. No fine 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: <br />Name of company or person to whom the violation notice was issued: Frank Rivera <br />• Federal or State Permit Number: NM-000II <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 14, 2005 Violation No.: 677 <br />Brief Description of the violation(s): Failure to maintain Ponds 9-19B, 9-20, 11-5 & 11-9 to have adequate capacity <br />to provide the required theoretical detention time for runoff entering the pond from the ]0-year, 24-hr precipitation <br />event. <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: Pond 9-20 cleaned out July 13, 2005; Pond 11-9's embankment elevated to <br />newly designed heinht, existingpond bottom static; Pond I1-5 modified to an <br />men primary spillway existingpond bottom static; & Pond 9-19B sediment <br />removal completed as of August 8, 2005. As-builts for Ponds 9-19B, 11-5 & <br />11-9 due September 12, 2005. NOPA hearing to be requested and scheduled <br />with MMD's approval. MMD reviewed and approved pond as-builts received <br />9/12/05 in abating NOV. Following the 9/16/05 informal assessment <br />conference MMD reduced penalty to $0 and points from 32 to 29. This <br />however was revised by MMD Director's reassessment of the penalty that the <br />29 points stand and include a fine of$950.00. Fine of $950 paid 11/16/05. <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: . <br />r~ <br />Last Updated: December 18, 2007 Page 9 <br />