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2023-12-13_ENFORCEMENT - C1982056
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2023-12-13_ENFORCEMENT - C1982056
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Last modified
1/10/2024 10:18:37 AM
Creation date
12/13/2023 7:53:36 AM
Metadata
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Template:
DRMS Permit Index
Permit No
C1982056
IBM Index Class Name
Enforcement
Doc Date
12/13/2023
Doc Name
Civil Penalty Worksheet
From
DRMS
To
Twentymile Coal
Violation No.
CV2023002
Email Name
HR1
MAC
Media Type
D
Archive
No
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Division in the form of a Minor Revision (MR) to be incorporated into the PAP. According to TC’s December 5, 2023 <br />NOV response letter, a cultural resource survey was completed on November 16th, 2023 and they are waiting for the final <br />report. TC recognized they had failed to comply with ST67 during the Permit Renewal No. 8 (RN8) approval process and <br />brought this issue to the Division’s attention. Further, after TC made the Division aware of the issue they caused a cultural <br />resource survey to be completed prior to the Division issuing CV-2023-002. While TC has not abated the violation at the <br />time of this assessment, they appear to be moving quickly towards compliance. Given TC’s honest self-reporting of the <br />violation and their rapid move toward compliance, a reduction in penalty is appropriate. <br /> Penalty Subtracted: $900 <br /> <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 or <br />cessation order to the date fixed for abatement of a violation. In determining whether to make such an assessment, the <br />Division may consider the extent to which the person to whom the notice or order was issued gained any economic benefit <br />as a result of a failure to comply. Notice of Violation CV-2023-002 was served to TC on November 21, 2023. The date for <br />abatement of the violation cited in the NOV was fixed at December 21, 2023. Therefore, the number of days for this <br />proposed assessment will be for the period from the NOV service date to the required abatement date, a total of 30 days. <br /> <br /> The number of days is proposed at 30. <br /> Total penalty assessed per day of violation: $100.00 <br /> <br />The total proposed civil penalty assessment for this NOV is therefore set at $3,000.00 <br />
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