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-25- <br /> NOV C-84-099 <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 coal processing waste on the Mine <br /> No. 3 mine bench was stored in a location where drainage from the pile <br /> would not enter the sediment control system. Notice of Violation (NOV) <br /> C-84-099 was issued. The Director finds that the violation occurred, <br /> and NOV C-84-099 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. $450.00 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 /> No award for good faith. <br /> E. Total Assessment: <br /> The total civil penalty assessment for NOV C-84-099 is $1,000.00 <br /> s <br />