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<br />NOV C-95-015 <br />Rimrock Strip Mine <br />This NOV was issued for failure to provide required information <br />regarding ownership and control of coal mining operations. <br />HISTORY <br />No NOV's have been issued at this site during the past twelve <br />months. No penalty is assessed for the past twelve months. <br />Identification of parties responsible for mining and reclamation <br />operations within the permit application package is a fundamental <br />aspect of a coal mining permit and the Act. Without this <br />information, neither the Division or the public have ready access <br />to responsible parties. Resultant confusion and/or legal <br />complications associated with liabilities for mining operations can <br />be cumbersome and costly for the State, the public, and the <br />responsible parties. $1250 is assessed for a significant degree of <br />seriousness. <br />FAULT <br />There is no evidence in the file to clearly indicate that failure <br />to provide the required information was the result of knowing or <br />intentional conduct. The parties involved in dissolving the <br />Rimrock Coal Company and transferring the assets to Landmark <br />Reclamation were certainly negligent in not following the required <br />regulatory procedures for permit transfers. $750 is assessed for <br />a high degree of negligence. <br />GOOD FAITH <br />There is no evidence of good faith in the file, and the NOV has not <br />been terminated as of this date. Therefore, good faith is not <br />applicable. <br />c:\wp51\070595b <br />