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The Pittsburg & Midway Coal Mining Co. Three-Year NOV History Name of company or person to whom the violation notice was issued: Teddy Begay 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: Sept. 1, 2005 Violation No.: 05-020-107-002 Brief Description of the violation(s): Failure to comply with the terms and conditions of the permit, all applicable performance standards of the Act, and the requirements of the regulatory program; particularly the Section 5.1 Contemporaneous Reclamation, Table 5.1-1, Mining/Reclamation Envelope Distances", Area 12a-c. 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: Nov abatement date extended twice (1111105 & 12101106) pending OSM review ofP&M's AOC permit revision application submitted 11130105. New abatement date February 28. 2006 Based on NOPA hearing conducted 12120105, OSM lowered assessment and vacated penalty. No fine paid. 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: Name of company or person to whom the violation notice was issued: Frank Rivera Federal or State Permit Number: NM-00011 MSHA Identification Number: 29-00096 Name of Regulatory Authority or agency which Issued the violation notice: New Mexico Mining and Minerals Division Date of Issuance: July 14, 2005 Violation No.: 677 Brief Description of the violation(s): Failure to maintain Ponds 9-19B, 9-20, 11-5 & 11-9 to have adequate capacil to provide the reauired theoretical detention time for runoff enterine the pond from the 10-vear. 24-hr nrecinitation event. 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: Pond 9-20 cleaned out July 13, 2005: Pond 11-9's embankment elevated to newly designed height, existing pond bottom static; Pond 11-5 modiFed to an Qpen primary spillway, existing pond bottom static; & Pond 9-19B sediment removal completed as of August 8, 2005. As-builts for Ponds 9-19B, 11-5 & 11-9 due September 12, 2005. NOPA hearing to be requested and scheduled with MMD's approval. MMD reviewed and approved pond as-builts received 9112105 in abating NOV. Following the 9116105 informal assessment conference, MMD reduced penalty to $0 and points from 32 to 29. This however, was revised by MMD Director's reassessment o the penalty that the 29 points stand and include a fine of$950.00. Fine o L$950 paid 11116105. 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: Last Updated: December 18, 2007 Page 9