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COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />Civil Penalty Worksheet <br />I. Identification <br />NOV No.: CV-2006-005 <br />Date Issued: September 5, 2006 <br />Mine: King Coal Mine <br />PermitNo.: C-1981-035 <br />Operator/Permittee: National King Coal, LLC <br />Type of Violation: <br />Administrative <br />X Performance Standard <br />Permit Condition <br />lI. Mandatory Penalties <br />Cessation Order <br />Failure to Abate - $750 to $5,000/day x days <br />Mining without a Permit <br />III. Penalri Calculation Criteria -Rule 5.04.6 <br />Source of Information or Assessment: <br />Category <br />A. History <br />NOVs past 12 months x $50 <br />COs past 12 months x $250 <br />B. Seriousness <br />Severe $1,500 $1,750 <br />Significant $1000 $1,250 <br />Low/Moderate $25 $500 <br />Insignificant $0 <br />Administrative <br />Operator/Pennittee X Division <br />Comments <br />No NOV's or CO's have been issued within the past <br />twelve months. <br />Mine plan approval is required so that [he Division can assess <br />potential surface and hydrologic impacts resulting from [he <br />proposed mining configuration. The Division did no[ review <br />[he revised mine plan, and there is [he potential for impacts to <br />$750 occur when the orientation of the mine plan changes. In this <br />case, no surface impacts have been observed to date. <br />Seriousness is assessed at $250.00. <br />C. Fault As stated above, mine plan approval is required in advance <br />Intentional $1,000 $l 250 $1,500 of mining. Failure to obtain the necessary advance <br />Negligence $250 ~ $750 approval is considered negligence. Fault is assessed at <br />Unavoidable $0 $5~•~• <br />D. Number of Davs Penalty Assessed An updated mine map, Map C-3, was submitted with Minor <br />Revision 30. MR-30 was approved by the Division on September <br />E. Good Faith (May not exceed $1,250) 22, 2006. The Division abated NOV CV-2006-005 upon approval <br />of MR-30. Since this is well ahead of the abatement deadline of <br />Credit -Extraordinary Effort October 12, 2006 I recommend that the penalty be reduced by <br />Credit - R~~^^a~~pid Compliance $250.00 for good faith. <br />~r`S~ ~ ~ Q T,....~ ecnn nn <br />~-iir-t r-.~~ Assessment Officer <br />tgnature <br />Sandra L. Brown Date November 17. 2006 <br />Name Printed C-NK62 CI981035 TAK IIIJ2WSO3J331 <br />