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COLORADO DIVISION OF MINERALS AND GEOLOGY{PRIVATE } <br />Civil Penalty Worksheet <br />I. Identification <br />NOV No.: CV-2002-020 <br />Date Issued: September 30, 2002 <br />Mine: New Horizon Mine <br />PermitNo.: C-1981-008 <br />Operator/Permittee: Westem Fuels-Colorado <br />Type of Violation: <br />Administrative <br />X Performance Standard <br />Permit Condition <br />II. Mandatorv Penalties <br />Cessation Order <br />Failure to Abate - $750 to $5,000/day x days <br />Mining without a Permit <br />III. Penalty Calculation Criteria -Rule 5.04.6 <br />Source of Information or Assessment: Operator/Pemtittee Division <br />Category Comments <br />A. History <br />0 NOVs past 12 months x $50 <br />COs past 12 months x $250 <br />B. Seriousness The operator failed to aotice everyone within %z miles of <br /> the permit boundary, they had noticed everyone within <br />Seve[e $1,500 $1,750 'h mile from the center of the pit, There was the very <br />Significant $1,000 $1,250 small potential Utat someone might have been impacted <br />Low/Moderate $250 $500 $750 by the blast that was not noticed. <br />Insignificant $0 <br />Administrative The operator had inadvertently interpreted the rules to <br /> notice everyone within 'h mile of the blasting area <br />C. Faul[ rather than 'h mile of the permit boundary. Notices had <br /> been properly sent [o [he individuals within 'h mile of <br />Intentional $1,000 $1,250 $1,500 the blast area and Westem-Fuels immediately notified <br />Negligence $250 $500 $750 the individuals they missed when they realized their <br />Unavoidable $0 mistake. <br />D. Number of Days Penalty Assessed <br />E. Good Faith (May not exceed $1,250) <br />Credit -Extraordinary Effort <br />Credit -Rapid Compliance <br />WF-C immediately notified all individuals within 'h <br />mile of the permit boundary when they realized their <br />mistake, This was done before the NOV was even <br />issued and represents extraordinary effort and rapid <br />compliance. A good faith reduction of $250.00 is <br />proposed. <br />Total $250.00 <br />~L~t--a._ Assessment Officer <br />~gnature <br />Sandra L. Brown Date October 15, 2002 <br />Name Printed C-NV-03_C1961008_m1R 20030910_10600 PM <br />