Laserfiche WebLink
<br />Proposed Civil Penalty Assessment <br />Mountain Coal Company /The West Elk bline <br />NOV CV-99-015 <br />January 6, 2000 <br />Materials reviewed in conjunction with the preparation of this proposed assessment were: DMG NOV Cv- <br />99-015 form; Permittee's memo faxed [o DMG on 1212/99; Permittee's memo received by DMG on 1/3/00; <br />DMG internal memo from Jim Burnell to Mike Long dated 1/6/00; Letter from Mike Long to permittee <br />dated I/6/D0; internal memo from Jim Burnell to Dan Hernandez dated 1/6/00; Map 52 from Permi[[ee's <br />DMG permit, submitted to DMG on 12/l6/96; proposed revised Map 52, submitted to DMG on 2/17/99; <br />and map entitled "Mining Plan Approval Areaz", submitted to DMG on 5/9/96. <br />History (Rule 5.04.5(3)(a)]: <br />One non-vacated NOV has been issued to this permittee within the twelve months preceding the <br />issuance date of this NOV (12/6/99). All administrative review periods associated with the non- <br />vacated NOV have pazsed. The History component is therefore proposed to beset at $50. <br />Seriousness [Rule 5.04.5(3)(b)]: <br />The Seriousness component of a proposed civil penalty assessment may range from $0 to $1750. <br />The amount proposed for azsessment depends upon whether the violation was one of performance <br />requirements or of administrative requirements. This NOV was written for a violation of <br />administrative requirements. <br />In [he case of a violation of adminisrative requirements, the amount to be azsessed for <br />Seriousness depends upon the extent to which enforcement was obswcted by the particular <br />violation. In this case, enforcement was not obswcted. However, mining in unapproved areas <br />can be a very serious violation. Significant additional (acts that reduce the severity of the <br />seriousness of the violation in this panicular case are that there are no swctures or significant <br />environmental resources in the surface lands overlying the area where the violation occurred, and <br />that the permittee haz voluntarily ceased mining in the area azsociated with this violation. <br />Based upon these Cacts, the Seriousness component is proposed to be set at $500. <br />Fault [Rule 5.04.5(3)(c)]: <br />The fault component of a proposed civil penalty assessment may range from $0 to $1500. <br />Assessments of "unavoidable" violations may range from $0 to $250. Assessments for violations <br />that were the result of "negligence" may range from $250 to $750. Assessments for violations that <br />resulted from "intentional conduct" may range from $750 to $1500. <br />Failure by the permittee to follow its approved mine plan and to obtain final DMG approval of <br />Permit Revision No. g before mining in the area in question indicates that this NOV occurred az a <br />result of a fairly moderate level of negligence on the pan of the permittee. The Fault component <br />is therefore proposed to be set at $500. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />As this NOV has not yet been fully abated, no reduction o([his azsessment for good faith effons in <br />achieving compliance is proposed at this time. Good Faith Credit, however, can be considered <br />during a future Assessment Conference. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore $1050. <br />