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<br />NOV CV-2000-003 <br />Carbon Junction Mine <br />This NOV was issued for failure to make mine records available for public review, <br />as required by Rule 5.02.4(1). <br />HISTORY <br />No enforcement actions have been issued at this mine during the past twelve <br />months. No penalty is assessed for history , <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. The coal <br />mining regulations require that mine records be available for public review for a <br />number of reasons. Division inspectors must review these records to insure <br />numerous aspects of compliance, including compliance with permit conditions, <br />completion of environmental monitoring, maintenance of performance bonds, <br />and completion of required engineer inspections. The public also has a right to <br />know this same information. Failure to provide these records obstructs the <br />Division's ability to determine multiple aspects of regulatory compliance. This is <br />a significant violation. $1250 is assessed for seriousness. <br />FAULT <br />Failure to provide the required mine records is a compliance requirement that the <br />operator has apparently been familiar with for several years, since these records <br />have been available in the past. The Division inspector had warned the operator <br />that a the records needed to be provided several months ago. Failure to provide <br />the records following these warnings is evidence of a high degree of negligence <br />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 />