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<br />,~ <br />ASSESSMENT EXPLANATION NOV C-9-017 <br />History: New Castle Energy Corporation has received three Notices of Violation <br />(NOV) in the last 12 months that have completed "administrative review. Each NOV <br />is assessed a $50.00 penalty; total assessment for history is $150.00. <br />Seriousness: This is a vio]ation of performance standards which has resulted in <br />some damage to and loss of topsoil resource for the mine. There is no apparent <br />off site environmental damage. Encroachment of a ranch road on one topsoil <br />stockpile with the resulting compaction and contamination diminishes the quality <br />of the resource. Erosion of this area of the pile and lack of containment has <br />also lead to the loss of topsoil as has positioning of another topsoil stockpile <br />adjacent to the Vulcan Ditch and its resultant erosion. This damage and loss, <br />however, does not appear to involve substantial amounts of topsoil at this point <br />or to currently affect the revegetation process. Reclamation of the mine is not <br />underway, and no delay or failure of revegetation can be attributed to this <br />violation. The existence of these conditions and their continuation, however, <br />does have the potential to affect the future success or failure of revegetation <br />efforts, but this potential is considered low. Overall degree of seriousness is, <br />therefore, considered low and assessed at $250.00. <br />Fault: The operator is considered negligent for not exercising greater care in <br />preserving the resource. The conditions cited exist largely as a result of <br />actions by the operator and obviously have been allowed to continue for some <br />time. The degree of negligence is considered moderate and assessed at $500.00. <br />Good Faith: The violation has not been abated. There is no reduction for good <br />faith. <br />evm <br />7981E <br />