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�x Ki(3 IT I l - <br /> -17- <br /> NOV C-84-092 <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 improper materials were being used <br /> to maintain and construct a haul road between the Mine No. 2 bin pad <br /> and the Mine No. 1 bin. Based upon oral testimony, slides, and <br /> photographs, the Director finds that the violation occurred, and NOV <br /> C-84-092 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. $325.00 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 /> No award for good faith. <br /> E. Total Assessment: <br /> The total civil penalty assessment for NOV C-84-092 is $875.00 <br /> 6 <br />