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• 7- <br /> -3 <br /> NOV C-84-166 <br /> Mid-Continent Coal Resources, Inc. <br /> I. FINDING OF VIOLATION <br /> During the October 30-31 , 1984 inspection, Jim Herron, of the Mined <br /> Land Reclamation Division, observed that topsoil had been pushed into <br /> an area outside the approved disturbed area boundary. Notice of <br /> Violation (NOV) C-84-166 was issued for failure to follow the approved <br /> mine plan. A contractor who was involved in developing sediment <br /> control systems for the new coal processing waste disposal area was <br /> responsible for grading the topsoil into an area which was designated <br /> for tree storage. This area was specifically designated as outside of <br /> the disturbed area boundary., The area is not bounded and not <br /> considered an effected portion within the permit. The Director finds <br /> that the violation occurred, but that the infraction was incorrectly <br /> cited. The Director modifies the violation to cite Section 120(2)(e) <br /> for failure to protect topsoil from water erosion. NOV C-84-166, as <br /> modified, is upheld. <br /> II. PENALTY ASSESSMENT <br /> A. History: <br /> No assessment for history, since no violations had been finalized <br /> within the 12 months prior to this violation. <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. $250.00 minimal fault 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-84-166, as modified, <br /> is $70b.00. It should be noted that the proposed total assessment <br /> made by the Division contains an arithmetical error. The proposed <br /> total by the Division was $600.00. <br /> Doc. 8532 <br /> /ph <br />