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lJ <br /> -21- <br /> NOV C-84-095 <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 a considerable quantity <br /> (approximately 40,000 tons) of coal was stockpiled at the Mine No. 2 <br /> bin pad. This unauthorized coal storage resulted in off-site damage to <br /> downslope areas when coal was inadvertently pushed over the edge of the <br /> mine bench. Downslope spoilage of coal was not observed during the <br /> inspection. However, recent spoilage was evidenced by coal laying on <br /> top of snow below the Mine No. 2 bin pad. Based on visual evidence and <br /> oral testimony the Director finds that the violation occurred, and NOV <br /> C-84-095 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 ,600.00 is assessed. <br /> C. Fault: <br /> The rationale for the proposed assessment supports the final <br /> assessment for fault. The assessment for fault is $750.00. <br /> D. Good Faith: <br /> The operator was notified about the violation, an immediate <br /> mobilization occurred in order to cleanup the off-site areas. The <br /> cleanup occurred well ahead of schedule because three shifts per <br /> day were utilized. In addition, a barrier was designed and <br /> constructed which should prevent future occurrences of the <br /> problem. The barrier was constructed with the allowed period even <br /> though severe design problems had to be overcome. $200.00 is <br /> awarded for good faith. <br /> E. Total Assessment: <br /> The total civil penalty assessment for NOV C-84-095 is $2,200.00 <br />