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NOV C-97-010 <br />Mountain Coal Company <br />This NOV was issued for failure to obtain permit approval for plans for earthwork on a slope <br />above the materials storage bench at the mine. Accounts of the events surrounding this NOV <br />from the Division inspector and the operator aze very contradictory. In assessing a proposed civil <br />penalty, it is not my role to determine the facts involved with the alleged violation. For the <br />purpose of assessing this civil penalty, I am assuming that the alleged violation occurred and <br />relying on written statements and photographs. Differences of opinion regazding what was said <br />by whom should probably be further discussed with an assessment conference officer. <br />HISTORY <br />No NOV's have been issued at this site during the past twelve months. No penalty is assessed <br />for history. <br />SERIOUSNESS <br />Implementing mining operations without obtaining approval of plans for those operations is an <br />administrative violation. The regulations indicate that assessment of civil penalties for <br />administrative violations should consider the extent to which enforcement of the Act was <br />obstructed by the violation (Rule 5.04.5(3)(b)(ii)). It is appazent that the Division had indicated <br />some extent of the work conducted by the operator would be allowed to deal with unforseen <br />problems, without permit approval. However, any further work conducted without priorapproval <br />of plans by the Division would obstruct the Division's ability to enforce the Act to a significant <br />degree. One of the primary intents of the permitting process is to ensure that necessary steps <br />have been taken'to preclude damage which might result from a failure to meet regulatory <br />performance standards. If the Division does not have an opportunity to review plans prior to <br />their implementation, the Division is precluded from enforcing the preventative aspect of the <br />Act. <br />In this instance, the Division was precluded from reviewing plans for stabilizing affected slopes <br />and plans for use or disposal of earthen material. Based on the history of slope stability in the <br />mine area, this is potentially a significant obstruction of the Division's ability to enforce the Act. <br />Therefore, $1250 is assessed for a significant level of seriousness. <br />FAULT <br />As mentioned above, sorting out conflicting versions of what was said or understood to be said in <br />regard to the events leading to this NOV cannot be sorted out in this proposed civil penalty <br />assessment. If mining operations were continued by the operator after a Division inspector <br />