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2021-11-10_ENFORCEMENT - C1981012 (4)
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2021-11-10_ENFORCEMENT - C1981012 (4)
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Last modified
11/18/2021 11:48:45 AM
Creation date
11/10/2021 2:10:50 PM
Metadata
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Template:
DRMS Permit Index
Permit No
C1981012
IBM Index Class Name
Enforcement
Doc Date
11/10/2021
Doc Name
Notice of Proposed Civil Penalty
From
DRMS
To
New Elk Coal Company, LLC
Violation No.
CV2021001
Email Name
JLE
MAC
Media Type
D
Archive
No
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conversion of a light use road to a haul road. Given these prompt good faith actions, the Division will subtract a <br /> 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-2021-001 was served to <br /> NECC on October 22,2021. The date for abatement of the violation cited in the Notice of Violation was fixed <br /> at November 22,2021.NECC submitted the required technical revision within 4 days of the issuance of the <br /> Notice of Violation.Therefore the number of days for this Proposed Assessment will be for the period from the <br /> Notice of Violation service date to the date of submittal of TR76,a total of 4 days. <br /> The number of days is proposed at 4. <br /> Total penalty assessed per day of violation: $250.00 <br /> The total proposed civil penalty assessment for this NOV is therefore set at$1,000.00 <br />
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