Laserfiche WebLink
COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />Civil Penalty Worksheet <br />L Identification <br />NOV /CO No.: CV- 2013 -008 <br />Date Issued: August 22, 2013 <br />Mine: New Elk Mine <br />Permit No.: C- 1981 -012 <br />Operator /Permittee: New Elk Coal Company, LLC <br />IL Mandatory Penalties <br />Cessation Order <br />Failure to Abate - $750 to $5,000 /day x <br />Mining without a Permit <br />III. Penalty Calculation Criteria - Rule 5.04.6 <br />Source of Information or Assessment: <br />Category <br />A. History <br />0 NOVs past 12 months x $50 = <br />0 COs past 12 months x $250 = <br />B. Seriousness <br />Severe $1,500 $1,750 <br />Significant $1,000 $1,250 <br />Low /Moderate $250 $500 $750 <br />Type of Violation: <br />Administrative <br />X Performance Standard <br />Permit Condition <br />Days <br />Operator /Permittee <br />Insignificant $0 <br />Administrative <br />C. Fault <br />Intentional $1,000 $1,250 $1,500 <br />Negligence $250 $500 750 <br />Unavoidable $0 <br />D. Number of Days Penalty Assessed <br />E. Good Faith (May not exceed $1,250) <br />Credit - Extraordinary Effort <br />Credit - Rapid Compliance <br />Sandra L. Brown <br />C -NV -02 <br />Comments <br />X Division <br />A moderate level of seriousness is proposed. No off -site <br />damage was reported, however multiple ditches, culverts and <br />berms were in need of maintenance. <br />A high level of negligence is proposed representing a lack of <br />reasonable care to maintain the sediment control system. <br />DMRS inspectors had noted the maintenance issues during <br />previous inspections however the operator failed to undertake <br />the necessary repairs. <br />A good faith reducition is not proposed since the NOV <br />has not been abated. <br />Total $1,500.00 <br />Assessment Officer <br />Date: 9/17/2013 <br />