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..: <br />NOV C-93-112 <br />West Elk Mine <br />HISTORY <br />NOV C-93-006 was issued on January 5, 1993. The NOV was later <br />vacated. No penalty is assessed for history. <br />SERIOUSNESS <br />The public notification requirements of the Act are intended to <br />provide protection and information to the public. Rule 4.20.2 in <br />particular, provides for protection of landowners and their <br />property. Failure to provide required public notice of mining <br />activities with real potential impacts to the public and their <br />property is a significant deficiency. $1000 is assessed for <br />significant seriousness. <br />FAULT <br />The operator apparently made an effort to notify one of the <br />landowners mentioned in reference to this NOV. The operator stated <br />that they believed notification of the U.S. Forest Service had been <br />effectively done through the permitting process. However, the <br />operator was negligent in not providing the specific notifications <br />and information required by the regulations. $250 is assessed for <br />negligence. <br />GOOD FAITH <br />Good faith is not applicable since the violation has not yet been <br />abated. <br />c:\wp51\10593c <br />