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COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />Civil Penalty Worksheet <br />I. Identification <br />NOV /CO No.: CV- 2013 -007 <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 />II. 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. Histo <br />0 NOVs past 12 months x $50 = 0.00 <br />0 COs past 12 months x $250 = 0.00 <br />B. Seriousness <br />Severe $1,500 $1,750 <br />Significant $1,000 $1,250 <br />Low/Moderate $250 $500 <br />Insignificant $0 <br />Administrative <br />C. Fault <br />Type of Violation: <br />Administrative <br />Performance Standard <br />Permit Condition <br />Days <br />Operator/Permittee X <br />Comments <br />Division <br />$750 $750.00 is proposed for seriousness representing a moderate <br />level. Run -off water from the waste pile was discharged into the <br />river without treatment. No samples were taken, but all run -off is <br />to be treated prior to off -site discharge. The extent and duration <br />of damage is unknown. <br />Intentional $1,000 $1,250 $1,50 <br />0 <br />Negligence $250 500 $750 $500.00 is proposed for fault. Heavy rains may have contributed <br />to the breach, however it is critical to evaluate and maintain <br />ditches during storm events to prevent off -site discharge. <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 -oz <br />$0.00 A good faith reduction is not proposed because the NOV <br />has not been abated. <br />Total $1,250.00 <br />Assessment Officer <br />Date: 9/17/2013 <br />