ENFORCE20891 - Laserfiche WebLink

Home Browse Search

!• ~ 1. NOV C-94-033 _ _ West Elk Mine This NOV was issued for mining .beyond the approved permit area boundary. HISTORY No NOV's have been issued at this mine during the past twelve months. No penalty is assessed for history. SERIOUSNESS Mining outside the approved permit area is a significant violation. Without prior approval of mining in a given area, the Division cannot ensure protection of the environment, public safety, or surface and mineral owners' rights. In this instance\, the significance is reduced by the fact the coal outside the permit area had already been leased by the operator. Permitting work for mining in the area had begun. $1000 is assessed for the seriousness of mining beyond the approved permit boundary. FAULT While there was apparent confusion about the exact location of the permit boundary, it would appear diligent efforts by the operator could have located the brass survey marker prior to the time mining operations entered the area in question. The marker had been in place for over eighty years. $250 is assessed for negligence. GOOD FAITH The operator reported this violation to the Division promptly, after they discovered an error had been made. Due to the nature of the violation, this problem would probably never have been detected by the Division. The error was detected by the operator's surveying operations, both above and below ground. Had the operator chosen not to provide this information to the Division, pending permitting actions for approval of mining in the area would soon have concealed the fact this violation had occurred. This is judged to be an extraordinary measure on the part of the operator. After the operator discovered and reported the error cited in this violation, mining operations in the area were ceased immediately. Due to extraordinary measures and rapid compliance by the operator, $1250 credit is awarded for good faith. c:\wp51\10995