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hydrologic balance in the mine and associated offsite areas. Due to Abatement Step No. I requirements being <br /> commenced on October 17,2022 and a site assessment by Colowyo's engineering team on October 12,2022 to <br /> begin developing a long term solution for hydrologic stability demonstrate prompt good faith actions. Given <br /> these prompt good faith actions,the Division will subtract a portion of the penalty. <br /> Penalty subtracted: $1,000.00 <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 the abatement of a violation. In determining whether to make such an <br /> assessment,the Division may consider the extent to which the person or whom the notice order was issued <br /> gained any economic benefit as a result of a failure to comply.Notice of Violation CV-2022-001 was served to <br /> Colowyo Coal Company L.P. on October 12,2022.The date for abatement of the violation cited in the Notice of <br /> Violation was fixed for January 10,2023. Colowyo Coal Company L.P. commenced measures for Abatement <br /> Step No. 1 on October 17,2022 which is within 5 days of the issuance of the Notice of Violation. Therefore the <br /> number of days for this Proposed Assessment will be for the period from the Notice of Violation service date to <br /> the date of commencement of onsite/offsite repairs, a total of 5 days. <br /> The number of days proposed at 5. <br /> Total penalty assessed per day of violation: $250.00 <br /> The total proposed civil penalty assessment for this NOV is therefore set at$1,250.00 <br />