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<br />The Pittsburg & Midway Coal Mining Co. <br />Three-Year NOV History <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 or Sept. <br />1. 2005. <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: Frank Rivera <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: 04/07/05 Violation No.: 04-020-107-002 <br />Brief Description of the violation(s): Failure to collect a sample from a discharging sediment pond (Pond EW7) <br />once every 24 hours. <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: Check for $550.00 mailed August 12, 2005 to OSMRE-Pittsburgh. PA per <br />results of 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: _: No corrective action possible. <br />Name of company or person to whom the violation notice was issued: Frank Rivera <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 Minine <br />Date of Issuance: 2/16/2005 Violation No.: N05-020-352-001 <br />Brief Description of the violation(s): 1/3) Failure to collect a sample from a discharging sediment pond once in 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 />regulations. 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: 113: Terminated with no fine: 213: Terminated and fine of$3.850.00 paid after <br />informal conference: and 313: Terminated with no fine.. <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: No abatement possible. <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 Minins <br />Last Updated: December 18, 2007 <br />Page 11