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Proposed Civil Penalty Assessment <br /> New Elk Coal Company/New Elk Mine <br /> Violation No.CV-2021-001 (Issued October 22,2021) <br /> Date of Proposed Assessment: November 10,2021 <br /> Material reviewed: DRMS CV-2021-001 document,DRMS October 22,2021 Inspection Report, Section 2.05.3 <br /> of the C-1981-012 permit application package. Coal Program Director Jim Stark requested a Proposed Penalty <br /> Assessment on October 25,2021. <br /> Rule 5.04.5(3)(a)—History of Previous Violations <br /> No notice of violations have been issued within one year of the issuance date for CV-2021-001. A cessation <br /> order was not issued with the notice of violation. Therefore no penalty will be assessed for this provision. <br /> Penalty assessed: $0 <br /> Rule 5.04.5(3)(b)—Seriousness <br /> An existing light use road located south of Pond 007a,adjacent to the Purgatory River,has been partially <br /> upgraded to a haul road.The impact was first documented on October 13,2021.NECC has submitted a <br /> technical revision to address the impact.As of November 10,2021 the technical is still under review.No off site <br /> impacts were observed as a result of upgrading the haul road and no disturbances to the prevailing hydrologic <br /> balance of Purgatory River were detected. In assessing the seriousness of the violation,it has been determined <br /> the impacts to the light use road were entirely avoidable through the submission of a technical revision. <br /> However,the duration of unauthorized construction of the haul road was short and the extent of the potential <br /> and actual damage in terms of area and impact on the public environment is minimal. <br /> Penalty assessed: $500.00 <br /> Rule 5.04.5(3)(c)—Fault <br /> This violation was a result of negligence given the lack of diligence and reasonable care to submit a technical <br /> revision addressing the specifications of the conversion of a light use road to a haul road. <br /> Penalty assessed: $500.00 <br /> Rule 5.04.5(3)(d)—Good faith in achieving compliance <br /> Two abatement steps were issued for CV-2021-001. Abatement Step No. 1 required NECC to immediately <br /> cease construction of the haul road and hauling of coal on the light use road until the technical revision required <br /> for the Abatement Step No.2 has been approved and issued.Abatement Step No.2 required NECC to submit <br /> and receive approval of a technical revision to revise the road design for the light use road to comply with Rule <br /> 2.05.3(3)(c) and Rule 4.03.1 for the new haul road. The abatement due date for Abatement Step No. 2 was set <br /> for November 22,2021. On October 26,2021,NECC submitted a technical revision(TR76)addressing the <br />