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Rule 5.04.5(3)(d) — Good faith in achieving compliance <br />One abatement step was required to be completed by December 1, 2020 for CV-2020-001. MCC must submit a <br />technical revision to: (1) reconcile the mine plan with the subsidence survey and include the information in an <br />updated subsidence control plan as required by 2.05.6(6)(1); (2) update predictions of probable hydrologic <br />consequences as necessary. To date, this abatement step remains outstanding and MCC requested and was given <br />approval of an extension of the abatement due date to December 31, 2020. <br />MCC took immediate action to divert South Prong Creek around the subsidence hole. MCC has promptly <br />submitted two minor revisions (MR450 and MR452) to permit the disturbance associated with repairing the <br />damage at South Prong Creek within three days of informing the Division of the incident. MCC has submitted a <br />technical revision (TR148) on October 30, 2020 to permit the design of the restoration of South Prong Creek. <br />Given these prompt good faith actions, the Division will subtract a portion of the penalty. <br />Penalty Subtracted: $750 <br />Rule 5.04.6 - Number of Days <br />The Division may assess a separate civil penalty for each day from the date of issuance of the notice of violation <br />or cessation order to the date fixed for abatement of a violation. In determining whether to make such an <br />assessment, the Division may consider the extent to which the person to whom the notice or order was issued <br />gained any economic benefit as a result of a failure to comply. Notice of Violation CV-2020-001 was served to <br />MCC on November 17, 2020. The date for abatement of the violation cited in the Notice of Violation was fixed <br />at December 1, 2020 and then extended to December 31, 2020. Therefore the number of days for this Proposed <br />Assessment will be for the period from the Notice of Violation service date to the initial required abatement <br />date, a total of 14 days. <br />The number of days is proposed at 14. <br />Total penalty assessed per day of violation: $250.00 <br />The total proposed civil penalty assessment for this NOV is therefore set at $3,500.00 <br />