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�XrriP,�iT �p <br /> -16- <br /> NOV C-84-091 <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 processing waste had been <br /> spoiled downslope from the Mine No. 1 bench immediately below the <br /> trommel screen waste storage pile. While such spoilage was not <br /> observed during the inspection, evidence was presented which indicated <br /> that this was a recent occurrence. Based on oral testimony, slides, <br /> and photographs, the Director finds that the violation occurred and NOV <br /> C-84-091 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. $450.00 is assessed for seriousness. <br /> C. Fault: <br /> The rationale for the proposed assessment supports the final <br /> assessment for fault. $500.00 is assessed for fault. <br /> D. Good Faith: <br /> In order to abate this violation, the operator was required to <br /> mobilize a drag line in order to clean up the downslope trommel <br /> screen waste. In spite of mobilization problems, the waste was <br /> cleaned up well in advance of the abatement deadline. In addition, <br /> to prevent future occurrences of downslope spoilage of trommel <br /> screen rock, the operator designed and built a barrier wall ahead <br /> of schedule in spite of the fact that serious design problems had <br /> to be overcome. Based upon this favorable response, $50.00 is <br /> awarded for good faith. <br /> E. Total Assessment: <br /> The total civil penalty assessment for NOV C-84-091 is $950.00 <br />