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4 <br />The Pittsburg & Midway Coal Mining Co. <br />Three-Year NOV History <br />by the applicant to abate the violation: None. Point in time violation.. <br />Name of company or person to whom the violation notice was issued: Hem McCabe <br />Federal or State Permit Number: NM-0001I <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: Dec. 1, 2005 Violation No.: 05-020-352-003 with 5 parts <br />Brief Description of the violation(s): 115: Failure to comply with reclamation envelope distances, B-C distance; 2/5: <br />Failure to maintain a diversion to be stable; 3/5: Failure to conduct seismic monitoring on a blast where the amount <br />of explosives detonated during an 8 millisecond period exceeded the scaled distance formula allowable limit; 4/5: <br />Failure to conduct seismic monitoring on a blast where the amount of explosives detonated during an 8 millisecond <br />period exceeded the scaled distance formula allowable limit; & 515: Exceeding the allowable air blast limits during <br />blasting operations. Air blast of 139 decibels. <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: 115: On 12122105. OSMapproved extension for abatement to 311106 so <br />McKinley Mine can submit permit revision to OSMfor approval: 215: <br />Terminated 12123105: 315, 415 & 515: 30 points and no fine assessed by OSM. <br />Payment of $3,308 submitted on 2122106 to satisfy OSM's 1131106 Final Order <br />requirements.. <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: 115: Extensive rg ading ofspoil initiated in Areas 14 & IS in December. <br />2005 to comply with envelope requirements, 215: Diversion restored to function as designed 12101105 and riprap <br />installation completed 12122105. <br />Name of company or person to whom the violation notice was issued: Frank Rivera <br />Federal or State Permit Number: NM-00011 <br />MSHA Identification Number: 29-00096 <br />Name of Regulatory Authority or agency which Issued the violation notice: Office Of Surface Minine <br />Date of Issuance: Sept. 29, 2005 Violation No.: 05-020-107-003, 2 parts <br />Brief Description of the violation(s): ''/z: Field modification of Diversion 10-29 without OSM review and approval; <br />& 2/2: Failure to maintain siltation structure/sedimentation ponds as designed (Pond 12-2). <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: Informal conference held December 24, 2005 for both parts, pending OSM <br />ruling for final assessment. <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 />Last Updated: December 18, 2007 Page 8