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JAN-12-2000 WED 03:37 PM WEST ELK MINE FAX N0. 19709295015 P. 05 <br />Proposed Civil Penalty Assessment <br />Mountain Coal Company 1 The Wcst Elk Minc <br />NOV CV-99-015 <br />January 6, 2000 <br />Materials mvicwcd in conjunction with tha preparation of this proposcJ assessment wen: DMG NOV CV- <br />99-015 form; PcnniueNs memo fazed to DMG nn 12/2199; Permiltee's memo received by DMG on 1!3!00; <br />DMCi internal memo from Jim Burnell [o Mikc Long dated 1/6/U0; Lcuer from biikc Lang to pcrmiucc <br />dated 1/6N0; internal rnumu from Iim Burnell to Dan Hcrnandee: dated 1/G/00; Map 52 (rout Yzrmiuzc's <br />DMG permit, submitted to llMC on 12/16/96; proposed revised Map 52, submitted to DMG on 2/17/99; <br />and mop entitled "Mining Plan Appronl Areas", submitted to DMG on 5/9/96. <br />History [Rule $.04.$(3)(a)]: <br />One non-vacated NOV has been issued u? this permiuce within d,e twelve months preceding the <br />issuance dale of this NOV (12/G/99). All ndministralivc review periods associated wi(h the non- <br />vaenlzil NOV lutve passed. '17re History component is therefore proposed to be set al F50. <br />Scrinusncss [Rule 5.04.5(3)(b)]: <br />The Seriousness component of a proposcJ civil penalty assessment may range imm SO to $1750. <br />The amount prupo.ccd for assessment depends upon whether thz violation was one of pcrl'ortnancc <br />rzquiretnenh or of adminisUativc rcquircmcntc. This NOV was written for a violation of <br />administrative requirements. <br />in the case of a violation of ndministntivz requirements, the amount to bu assessed fur <br />Seriousness depends upon the c>;(ent Lo which enforcement was obstructed by the particular <br />violation. In this case, enforcement was not obstructed. However, mining in unapprovcJ areas <br />can bu a very serious violation. Significant additional facts that reduce the soverity of the <br />seriousness of the violation in this particular case nro that thcro arc no structures or significant <br />em~irumnuntal resources in the surface lands overlying the area whcro the violation occurred, and <br />that the pcrmiuee has voluntarily sensed mining in the area associated with this violation. <br />Baseel upon these facts, the Seriousness component is proposed to be set al $500. <br />Fault [Rule 5.04.5(3)(c)]: <br />TI1c fault component of a proposed civil penalty assessment may range from 80 to $1500. <br />Assassmcnts of "unavoidable" violations play range from ~U ro $250. Assessments lbr violations <br />that were the resulL of "ncgligcnco" may mngc from $250 to b750. Assessments for violations that <br />resulted from "intentional conduct" tray range from.4750 to hli00. <br />Failure by the pcnnittze to follow its approved !nine plan and to obtain final llMG approval uC <br />Yomtit Kcvision No. H before mining in the arcs in question indicates that this NOV occurred as a <br />result of a fairly moderate level oC nugligenez un the part oC the pttmiuce. The Fault component <br />is therefore proposed to be set at 5500. <br />food b'aith in Achicviug Contpliancc [Rutz 5.04.5(3)(d)]: <br />As this NOV has not yet been fully abated, no reduction of this assessment for good faith efforts in <br />achizving compliance is proposed at this lime. Goal Faith Credi4 howevzi, can bz considerctl <br />during a future Assessment Conference. <br />'(he'l'ots! Proposed Civil Penalty Assessment foi this NOV i5 tlrcccfot'c $1050. <br />