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ft <br /> �X k� B IT <br /> -12- <br /> NOV C-84-088 <br /> Mid-Continent Resources, Inc. <br /> I. FINDING OF VIOLATION <br /> During the May, 1984 inspection, Jim Herron, of the Mined Land <br /> Reclamation Division, observed that coal had apparently been pushed <br /> onto the undisturbed area adjacent to the Mine No. 2 coal stockpile <br /> road, and in the undisturbed area between the Mine NO. 1 coal stockpile <br /> and slurry pond. Based upon oral testimony, slides, and photographs, <br /> the issuance of the violation was supported. The Director finds that <br /> the violation occurred and NOV C-84-088 is upheld. <br /> II. PENALTY ASSESSMENT <br /> A. History: <br /> Based on the fact that one violation was issued against <br /> Mid-Continent Coal Resources within the twelve months prior to this <br /> NOV, $50.00 is assessed. <br /> B. Seriousness: <br /> The Division based the proposed assessment for seriousness on the fact <br /> that some damage to water quality and topsoil did occur and that the <br /> duration of the violation was considered to be long. Information <br /> presented during the Conference indicates that the duration of the <br /> violation was small . Therefore, based on the short duration of the <br /> violation, seriousness is modified from $1 ,325.00 to $875.00. <br /> C. Fault: <br /> The rationale for the proposed assessment supports the final <br /> assessment for fault. $750.00 is assessed. <br /> D. Good Faith: <br /> No award for good faith. <br /> E. Total Assessment: <br /> The total civil penalty assessment for NOV C-84-088 is $1 ,675.00 <br />