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New Elk Coal Company,LLC. shall submit to the Division for inclusion in the permit application,a certificate <br /> certifying that the applicant has a public liability insurance policy in force for the surface coal mining and <br /> reclamation operation. Or,in lieu of a certificate for public liability insurance policy, satisfactory evidence that <br /> NECC has satisfied applicable State or Federal self-insurance requirements in accordance with Rule 2.03.9. <br /> To the date of this assessment,NECC has not provided any response or feedback to the Division or provided a <br /> certificate showing that a policy for public liability insurance is in force in accordance with Rule 2.03.9(1). <br /> Given that no response has been provided and no action has been taken by NECC,no penalty subtracted for <br /> good faith in achieving compliance has been credited to the civil penalty assessment. <br /> Penalty Subtracted: $0 <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-2024-002 was served to <br /> NECC on June 20,2024. The date for abatement of the violation cited in the Notice of Violation was extended <br /> to July 31, 2024. Therefore,the number of days for this Proposed Assessment will be for the period from the <br /> Notice of Violation required abatement date, a total of 0 days. <br /> The number of days is proposed at 0. <br /> Total penalty assessed per day of violation: $0 <br /> The total proposed civil penalty assessment for this NOV is therefore set at$1,250.00 <br />