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<br />NOV CV-2000-002 <br />Carbon Junction Mine <br />This NOV was issued for failure to provide a certificate of liability insurance, as <br />required by Rule 2.03.9(1). <br />HISTORY <br />No enforcement actions have been issued at this mine during the past twelve <br />months. No penalty is assessed for historyF <br />SERIOUSNESS <br />This is an administrative violation. Assessment of a civil penalty for seriousness <br />is to be based on the extent to which enforcement is obstructed. Without <br />evidence that liability insurance exists for a mine, the Division has no way to <br />determine if the public, employees, or any other parties are financially protected <br />from problems that might be encountered on the mine site. This is considered a <br />significant obstruction. $1250 is assessed for seriousness. <br />FAULT <br />Failure to provide the required insurance certificate is a compliance requirement <br />that the operator has apparently been familiar with for several years, since proof <br />of insurance has been available in the past. The Division inspector had warned <br />the operator that a current certificate needed to be provided several months ago. <br />Failure to provide the certificate after these warnings is evidence of a high <br />degree of negligence on the operator's part. $750 is assessed for negligence. <br />GOOD FAITH <br />This NOV has not been abated. So consideration of good faith is not relevant at <br />this time. <br />