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Proposed Civil Penalty <br />NOV CV-2001-011 <br />Colowyo Coal Company L.P. <br />A. History <br />Colowyo has had no violations during the past twelve months. <br />B. Seriousness <br />Colowyo removed approximately 1000 tons of coal from Federal coal lease <br />C-29225 before DMG had approved a revision allowing coal extraction in the <br />lease area and before a BLM written mine plan approval had been granted. They <br />were mining outside the approved coal removal limits. This is considered a <br />significant violation. <br />$1000.00 is proposed for seriousness. <br />C. Fault <br />On March 28, 2001 BLM had verbally requested Colowyo to mine the coal in <br />Federal lease C-29225 to avoid a bypass situation. BLM requested Colowyo to <br />submit an R2P2 as soon as possible. Colowyo submitted a revision application to <br />Permit No. C-81-019 to the DMG on Apri123, 2001 requesting to extract the coal <br />in Federal lease C-29225. <br />In the pit, Colowyo had surveyed and mazked the approved coal removal <br />boundary, the section line between Sections 16 and 17. During inclement weather <br />conditions approximately 1000 tons of coal were removed. On May 15, 2001 <br />Colowyo notified the BLM and the DMG that coal had been removed from lease <br />C-29225 in Section 17. They immediately ceased further coal extraction when <br />they discovered the mistake. <br />This NOV was caused by negligence, the mazkers indicating the coal removal <br />boundary were not visible. There is no evidence of intentional conduct. <br />$500.00 is proposed for fault. <br />D. Good Faith <br />The NOV has not been abated yet and therefore no reduction for good faith is <br />proposed. <br />