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Proposed Civil Penalty Assessment <br /> New Elk Coal Company/Lorencito Canyon Mine <br /> Violation No. CV-2024-001 (Issued May 30,2024) <br /> Date of Proposed Assessment: June 28,2024 <br /> Material reviewed: DRMS CV-2024-001 document, DRMS May 30,2024 Inspection Report and Exhibit 03 of <br /> the C-1996-084 permit application package. Senior Environmental Protection Specialist Jared Ebert requested a <br /> Proposed Penalty Assessment on May 30,2024. <br /> Rule 5.04.5(3)(a)—History of Previous Violations <br /> No notice of violations has been issued within one year of the issuance date for CV-2024-001. A total of seven <br /> previous violations have been served to the New Elk Coal Company, LLC (NECC)for the Lorencito Canyon <br /> Mine from 2001 to 2003. These violations were issued over 10 years from the date of issued notice of violation <br /> CV-2024-001 as well as independent from CV-2024-001. Therefore no penalty will be assessed for this <br /> provision. <br /> Penalty assessed: $0 <br /> Rule 5.04.5(3)(b)—Seriousness <br /> The probability of the occurrence of the event which a violated standard is designed to prevent is low/moderate. <br /> This Notice of Violation is the second occurrence for NECC at the Lorencito Mine. The first violation for failure <br /> to provide and maintain an active public liability insurance policy in force for the coal mining and reclamation <br /> operation was issued in 2003 (CV-2003-009). <br /> In the case of a violation of administrative requirements,the extent to which enforcement was obstructed by the <br /> particular violation is low/moderate. The Division issued Notice of Violation,CV-2024-001,on May 30, 2024 <br /> with the 15-day period for the Operator to provide feedback on the Notice of Violation ending on June 14,2024. <br /> To the date of this assessment,NECC has provided no feedback or action. <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 provide and maintain <br /> an active public liability insurance policy in force for the coal mining and reclamation operation at the Lorencito <br /> Mine as required by Rule 2.03.9. <br /> Penalty assessed: $750.00 <br /> Rule 5.04.5(3)(d)—Good faith in achieving compliance <br /> The Division issued Notice of Violation,CV-2024-001,on May 30, 2024 with the 15-day period for the <br /> Operator to provide feedback on the Notice of Violation ending on June 14,2024. The One abatement step is <br />