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COLORADO DIVISION OF MINERALS AND GEOLOGY <br />Civil Penalty Worksheet <br />I. Identification <br />NOV No.: CV-2002-003 Type of Violation: <br />Date Issued: February 25, 2002 Administrafive <br />Mine: Eagle No. 5 and 9 Mines ( Performance Standard <br />Permit No.: C-1981-044 _~( Permit Condition <br />Opera[or/Permittee: RAG Empire Corporation <br />II. 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: X Operator/Permittee X Division <br />Category Comments <br />A. History <br />0 NOVs past 12 months x $50 <br />0 COs past 12 months x $250 <br />B. Seriousness <br />Severe <br />Significant <br />Low/Moderate <br />Insignificant <br />Administrative <br />$1,500 $1,750 <br />$1 000- $1,250 <br />$25 $500 <br />$0 <br />The operator missed one water quality sample at <br />three~discharge points. There is [he potential for <br />$750 damage to the receiving stream water quality, but <br />the samples taken during the quarter and past <br />samples have all been in compliance. <br />C. Fault <br />Intentional $1,000 $1,250 $1,500 The operator was awaze of the missing samples and <br />Negligence $25 $500 $750 they self-reported. A follow-up memo was prepared <br />Unavoidable on Jan. 24, 2002 to ensure sampling is conducted <br />as required. <br />D. Number of Davs Penalri Assessed <br />E. Good Faith (May not exceed $1,250) <br />Credit -Extraordinary Effort There is no evidence the NOV has been abated or terminated. A <br />Credit -Rapid Compliance good faith reduction is not recommended. <br />Total $500.00 <br />/ A »-J Qr!~,.,_/ Assessment Officer <br />'gnature <br />Sandra L. Brown Date March 18. 2002 <br />Name Printed C-NV-02 C19810~ 7FIa_20030318_I11612 AM <br />