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M i <br /> -23- <br /> NOV C-84-097 <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 excess amounts of coal and waste <br /> were being stored on the Mine No. 3 lower and middle bin pads (given <br /> small area exemptions) and that a drainage control berm had been <br /> destroyed at the middle bin pad. Based on oral testimony, slides, and <br /> photographs, the Director finds that the violation occurred, and NOV <br /> C-84-097 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 proposed assessment of $650.00 for <br /> seriousness on the fact that some damage did occur and was expected <br /> to have moderate duration. Information presented during the <br /> conference indicates that, if damage did occur, it was diminutive. <br /> Also, the damage, if it did occur, would be of short duration. The <br /> extent of damage was very small . Therefore, $325.00 for <br /> seriousness is assessed. <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 abated all of the problem areas cited in the <br /> NOV ahead of the abatement schedule, and a barrier fence was <br /> constructed which should prevent future occurrences of these <br /> problem, $175.00 is awarded for good faith. <br /> E. Total Assessment: <br /> The total civil penalty assessment for NOV C-84-097 is $700.00 <br />