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COLORADO DIVISION OF MINERALS AND GEOLOGY <br />Civil Penalty Worksheet <br />I. Identification <br />NOV No.: CV-2002-010 <br />Date Issued: June 24, 2002 <br />Mine: New Elk Mine <br />PermitNo.: C-1981-012 <br />Operator/Petnuttee: Picketwire Processing, LLC <br />II. Mandatory Penalties <br />Cessation Order <br />Failure to Abate - $750 to $5,000/day x da}'s <br />Mining without a Permit <br />Tvpe of Violation: <br />Administrative <br />Performance Standard <br />X Permit Condition <br />III. Penalty Calculation Criteria -Rule 5.04.6 <br /> <br />Source of Information or Assessment: X Operator/Permittee X Division <br /> Category Comments <br />A. Histo $0 <br /> NOVs pass 12 months x $50 <br /> COs past 12 months x $250 <br /> This NOV was issued after reviewing [he operators <br />B. Seriousness AHR. The operator missed one or two sampling <br /> Severe $1,500 $1,750 events at several of their required locations. This <br /> Significant $1 000 $1,250 resulted in missing data for October and/or <br /> <br />Low/Moderate $25 $500 November, 2001. For one sampling event, they <br />$750 <br /> failed to report the data in their AHR. This <br /> Insignificant $0 represents a low level of seriousness since they did <br /> Administrative collect data the subsequent months as required. <br />C. Fault The operator misunderstood the required monitoring <br /> frequency when the mine status was changed from <br /> Intentional $1,000 $1,250 $1,500 temporary Cessation to active. They [hough[ the frequency <br /> Negligence $250 50 $750 was related solely to the operation of the processing plan[ <br /> Unavoidable $0 and therefore, they missed several samples one month. <br /> Equipment malfunctions and miscommunication with [he <br />D. Number of Davs Penalty Assessed lab also resulted in lost data. This represents moderate <br /> negligence. <br />E. Good Faith (May not exceed $1,250) <br /> Credit -Extraordinary Effort No reduction for good faith is recommended since <br /> Credit -Rapid Compliance the lost data cannot be replaced. <br />Tota] $750.00 <br />~i~,-., Assessment Officer <br />ignature <br />Sandra L. Brown Date August 6.2002 <br />Name Priated C-NV-02_019810[3 XAG_50020805 45500 PM <br />