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IT 7 <br /> -24- <br /> NOV C-84-098 <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 total of eight drainage control <br /> problems at the Mine No. 3 surface facilities area. The Notice of <br /> Violation (NOV) was issued for failure to minimize disturbance to the <br /> prevailing hydrologic balance. Based on oral testimony, slides, and <br /> photographs, the Director finds that the violation occurred, and NOV <br /> C-84-098 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 $1 ,600.00 for <br /> seriousness on the premise that damage did occur as a result of <br /> these violation (i .e., disturbed runoff water was bypassing the <br /> pond embankment) and that the damage associated with the various <br /> problem areas cited was felt to be long in duration. Information <br /> presented during the conference indicated that no damage occurred <br /> as a result of these violation and that any that might have <br /> occurred would have been short in duration. Even so, a total of <br /> eight problems were cited in conjunction with this violation. The <br /> assessment for seriousness is reduced to $800.00 <br /> C. Fault: <br /> The rationale for the proposed assessment supports the final <br /> assessment for fault. $750.00 is assessed. <br /> D. Good Faith: <br /> No award for good faith. <br /> E. Total 'Assessment: <br /> The total civil penalty assessment for NOV C-84-098 is $1 ,600.00 <br />