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Proposed Civil Penalty Assessment <br />Western Fuels- Colorado, LLC / New Horizon North Mine <br />NOV CV- 2014 -004 — Issued June 27, 2014 <br />July 17, 2014 <br />Materials reviewed: DRMS Inspection Report (6/26/14); DRMS NOV CV- 2014 -004 (6/27/14); letter from <br />Tri -State Generation and Transmission Association, Inc. (July 15, 2014). <br />History [Rule 5.04.5(3)(a)]: <br />No NOVs have been issued at this mine during the 12 months preceding the issuance of this NOV. <br />The History component is therefore proposed to be set at $0. <br />Seriousness [Rule 5.04.5(3)(b)]: <br />The Seriousness component of a proposed assessment may range from $0 to $1750. The amount <br />proposed depends upon whether the violation was one of performance requirements or of <br />administrative requirements. This NOV was written for a violation of performance requirements. <br />In the case of a violation of performance requirements, the amount to be assessed for Seriousness <br />depends upon (1) the probability of the occurrence of the event which a violated standard is <br />designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of <br />area and impact on the public or environment. <br />(1) Events occurred which the standards are designed to prevent. Part of the NHN -001 East <br />Ditch failed; part of this ditch has an unapproved trapezoidal cross - sectional shape. <br />(2) Actual damage to the environment or creation of a public safety or health hazard did not occur <br />as a result of the failure of part of the East Ditch or the installation of an unapproved size of <br />rock rip -rap in Segment 3 of the NHN -001 West Ditch. <br />The Seriousness component of this assessment is therefore proposed to be set at $250. <br />Fault [Rule 5.04.5(3)(c)]: <br />The fault component of a proposed civil penalty assessment may range from $0 to $1500. <br />Assessments of "unavoidable" violations may range from $0 to $250. Assessments for violations <br />that were the result of "negligence" may range from $250 to $750. Assessments for violations that <br />resulted from "intentional conduct" may range from $750 to $1500. <br />The deviations of channel cross - sectional shape and rock riprap size from the approved <br />specifications indicates a low degree of negligence. <br />The Fault component is therefore proposed to be set at $250. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />This NOV has not yet been terminated. <br />Good faith credit is therefore not proposed at this time. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $500. <br />