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-�F e-1Y1 c3l7 l S <br /> -22- <br /> NOV C-84-096 <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 trommel screen waste had been <br /> spoiled downslope of the Mine No. 2 bin pad. Based on oral testimony, <br /> slides, and photographs, the Director finds that the violation <br /> occurred, and NOV C-84-096 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 its proposal of $450.00 for seriousness on the <br /> fact that this violation was analogous to NOV C-84-091 . While <br /> there is a strong analogy, there was no off-site damage associated <br /> with the trommel screen waste rock spoiled downslope of the Mine <br /> No. 2 bind pad. Therefore, $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. <br /> D. Good Faith: <br /> Because the operator cleaned up the waste rock almost immediately <br /> after being notified of the violation, and because a barrier wall <br /> was constructed which should prevent future occurrences, $100.00 <br /> for good faith is awarded. <br /> E. Total Assessment: <br /> The total civil penalty assessment for NOV C-84-096 is $775.00 <br /> 0 <br />