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STATE OF COLORADO <br />DIVISION OF RECLAMATION, MINING AND SAFETY <br />Department of Natural Resources <br />1313 Sherman St., Room 215 <br />Denver, Colorado 80203 <br />Phone: (303) 866-3567 <br />FAX: (303) 832-8106 <br />COLORADO <br />DIVISION OF <br />RECLAMATION <br />MINING <br />- &- <br />SAFETY <br />Date: November 16, 2006 gill Owens <br />Governor <br />To: Sandy Brown ~ Russell George <br />Executive DirecTOr <br />From: David Berm Ronald W. Cottony <br />y Division Director <br />Natural Resource Trustee <br />Re: Proposed Civil Penalty Assessment - Notice of Violation (NOV) CV-2006-005 <br />National King Coal, LLC -Permit No. C81-035 <br />I recommend and request that DRMS should reissue the proposed civil penalty <br />assessment for the above-referenced NOV. I note that the initial assessment was sent to <br />the operator on September 21, 2006, in advance of the maximum allowable timeframe <br />of 30 days from the issuance date of the subject NOV (NOV issuance date was <br />September 5, 2006). The NOV was abated on September 22, 2006, the day after the <br />initial proposed civil penalty was sent to the operator. <br />Given the circumstances of this case, the timing of the previous actions and given the <br />operator's diligent and rapid abatement of the NOV, I recommend that a revised civil <br />penalty assessment be issued with some consideration given for Good Faith. This revised <br />Notice of Proposed Amount of Civil Penalty will replace the previous Notice of Proposed <br />Amount of Civil Penalty issued on September 21, 2006. <br />Thank you. <br />Office of Office of <br />Mined Land Reclamation Active and Inactive Mines <br />