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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: Frank Rivera <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: May 5, 2005 Violation No.: NOS-020-179-001 <br />Brief Description of the violation(s): Failed to minimize erosion to the extent possible, failed to divert runoff from <br />pumping using enough protected channels or pipes through disturbed areas so as not to cause additional 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: Requested and received approval for informal conference scheduled for Sept. <br />1, 2005. Check for $2,750.00 mailed October 24, 2005 to OSMRE-Pittsburgh, <br />PA per results of 9/1/05 informal conference <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: .Stopped pumping water immediately. Added section of hose to extend <br />across disturbed area to prevent additional erosion. <br />Name of company or person to whom the violation notice was issued: Teddy Beg_ay_ <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 Minim <br />Date of Issuance:. April 7, 2005 Violation No.: OS-020-352-002 <br />Brief Description of the violation(s): 1/3: Failure to collect sample from a discharging sediment pond once every 24 <br />hrs; 2/3: Failure to keep air blast as a result of blasting near an occupied dwelling within the limits specified in the <br />regs; & 3/3: Failure to properly store and/or dispose of non-coal waste. <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: I/3: no fine; 2/3: no fine; and, 3/3: terminated May 9, 2005, check for $550.00 <br />mailed to OSM-Pitsburgh, PA f1llQUSI 12, 2005 per results o~July 14, 2005 <br />in ormal 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: McKinley Mine picked up trash littered at topsoil stockpile 12-6 on April 6, <br />2005 and minewide subsequent to date of issuance. 3/3 abated May 10, 2005. <br />Name of company or person to whom the violation notice was issued: Frank Rivera <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: 05/12/05 Violation No.: NOS-020-179-001 <br />Brief Description of the violation(s): Failed to minimize erosion to the extent possible, failed to divert runoff from <br />pumping using enough protected channels or pipes through disturbed areas so as not to cause additional 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 />Last Updated: December 18, 2007 Page 10 <br />