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Proposed Civil Penalty Assessment <br /> New Elk Coal Company/New Elk Mine <br /> Violation No. CV-2024-002 (Issued June 20, 2024) <br /> Date of Proposed Assessment: July 16,2024 <br /> Material reviewed: DRMS CV-2024-002 document, DRMS June 12,2024 Inspection Report and Exhibit 03 of <br /> the C-1981-012 permit application package. Senior Environmental Protection Specialist Jared Ebert requested a <br /> Proposed Penalty Assessment on June 21,2024. <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-2024-002. A total of fifty- <br /> eight(58)previous violations have been served to the New Elk Mine from 1985 to 2021. Of these violations, <br /> only one has been issued within 10 years from the date of issued notice of violation CV-2024-002 as well as <br /> independent from CV-2024-002. Therefore no penalty will be assessed for this 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 New Elk 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-2003-010). <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-2024-002,on June 20, 2024 <br /> with an abatement period for the Operator originally ending on July 1, 2024. The abatement period has since <br /> been extended to July 31, 2024. 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 New Elk <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-2024-002,on June 20, 2024 with one abatement step required <br /> originally to be completed by July 1, 2024 for CV-2024-002. The abatement period has since been extended to <br /> July 31, 2024. <br />