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-13- <br /> NOV C-84-089 <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 reclaimed and/or topsoiled areas on <br /> the northwest side of the old coal processing waste pile had been <br /> contaminated by a flow of recently deposited coal processing waste. A <br /> Notice of Violation (NOV) was issued for failure to insure that <br /> reclamation efforts proceed in an environmentally sound manner. Oral <br /> testimony, slides, and photographs, support the NOV. The Director <br /> finds that the violation occurred, and NOV C-84-089 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 rationale for the proposed assessment supports the final <br /> assessment for seriousness. $1 ,750.00 is assessed. <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 $2,550.00 <br />