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<br />,. <br />Proposed Civil Penalty Assessment <br />Powder horn Coal Co. <br />Permit No. C-81-041 <br />Notice of Violation No. C-93-004 <br />February 19, 1993 <br />History <br />Three Notices of Violation (NOV) were pending as of the issuance date of <br />NOV C-93-004. The pending violations are NOV Nos. C-92-036, C-92-037, <br />C-92-038. Appeal timeframes are still running as of February 19, 1993. No <br />penalty is hereby proposed based upon this history category. <br />- $0- <br />Seriousness <br />It appears this violation has not resulted in any offsite impact, nor is there <br />any evidence at this time that offsite impact is a possibility. Actual <br />impacts relative to this situation are considered to be of low seriousness. <br />- $250.00 - <br />Fault <br />Based upon the written record, it appears that the operator has reason to <br />believe that no violation existed. The current situation appears to exist due <br />to specific Division instructions. It appears that fault cannot be placed <br />with the operator. <br />-$0- <br />Good Faith <br />There is no specific evidence to warrant Good Faith Credit at this time. <br />-$0- <br />Total Penalty <br />- $250.00 - <br />DAB/ern <br />6436E <br />