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COLORADO DIVISION OF RECLAMATION, MINING AND SAFETY <br />Civil Penalty Worksheet <br />I. Identification <br />NOV No.: CV-2006-006 <br />Date Issued: September 19, 2006 <br />Mine: Foidel Creek Mine <br />PermitNo.: C-1982-056 <br />Operator/Petmittee: Twentymile Coal Company <br />11. Mandatory Penalties <br />Cessation Order <br />Failure to Abate - $750 to $5,000/day x days <br />Mining without a Permit <br />II[. Penalri Calculation Criteria -Rule 5.04.6 <br />Type of Violation: <br />Administrative <br />x Performance Standard <br />Permit Condition <br />Source of Information or Assessment: Operator/Permittee X Division <br /> Category Comments <br />A. Histo <br /> 0 NOVs pas[ 12 months x $50 <br /> 0 COs past 12 months x $250 <br />B. Seriousness Sediment laden water overtopped the collection ditch at the <br /> 6-North Main ventilation shaft. A minor amount of flow <br /> Severe $1,500 $1,750 was deposited on the stream buffer zone., the area was <br /> Significant $1,000 $1,250 limited in extent No fines reached the sheam. The <br /> Low{Moderate 25 $500 $750 operator cleaned the fines up the day following the <br /> Insignificant $0 inspections. Seriousness is proposed at $250.00 reflecting <br /> Administrative the limited amount of material, small extent of area covered <br />C. Fault and short duration of damage. <br /> Intentional $1,000 $1,250 $1,500 The proposed fault assessment is $250.00 representing a low <br /> Negligence ® $500 $750 level of negligence. <br /> Unavoidable $0 <br />D. Number of Days Penalty Assessed <br />E. Good Faith (May not exceed $1,250) - a <br />~ <br />~ The violation was abated the day after the field inspection <br /> .o o and was abated by the time the NOV was served. A good <br /> Credit -Extraordinary Effort faith reduction of $250.00 is proposed. <br /> Credit -Rapid Compliance <br />Total $250.00 <br />y~/1 ~ ~/ir->r~ Assessment Officer <br />Signa[ur~e <br />Sandra L. Brown Date September 20.2006 <br />Name Printed M \OSS\ehdVemp\GNVA2 C1982056_BGW_20060919 9482] AM doc <br />