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COLORADO DIVISION OF MINERALS AND GEOLOGY <br />Civil Penalty Worksheet <br />I, Identification <br />NOV No.: CV-2005-009 Type of Violation: <br />Date Issued: November 22, 2005 -2L Administrative <br />Mine: Edna Strip Mine Performance Standard <br />Permit No.: C-1980-001 Permit Condition <br />Operator/Permittee: The Pittsburg & Midway Coal Mining Co. <br />^. Mandatory Penalties <br />Cessation Order <br />Failure to Abate - $750 to $5,000/day x days <br />Mining without a Permit <br />^I. Penal Calrnlatinn Criteria - Rule 5.04 fi <br />Source of Information or Assessment: <br />Category <br />A. Histnt} <br />~_ NOVs past 12 months x $50 <br />COs past 12 months x $250 <br />g, Cerinucnecc <br />Severe $1,500 $1,750 <br />Significant $1,000 $1,250 <br />Low/Moderate <~250} $500 <br />Insignificant ~~ <br />Administrative <br />Operator/Permittee _~ Division <br />Comments <br />Ground water well TCS-1 was damaged as <br />noted in the 2004 AHR and no data was <br />reported. The last reported sample was from <br />10/1/2003. TCS-1 was refurbished and sampled <br />$750 on 10/20/05. Results reported through 2003 do <br />not indicate a concern. One-year of sampling <br />was missed. <br />C. Fault The operator attempted to tolled a sample in <br />Intentional $1 000 $1,250 $1,500 2004, but discovered the well had been damaged. <br />Negligence $2S0 $500 $750 The well was refurbished and data was collected <br />Unavoidable $0 for the 2005 AHR. <br />D. Nnmher of Dayc Penalty Accessed Rn.nn <br />E. (:nod Faith (May not exceed $1,250) <br />Credit -Extraordinary Effort <br />Credit -Rapid Compliance <br />Gootl faith is granted for extraordinary effort in <br />abating a violation. Since, there was no abatement <br />required for this NOV, a good faith reduction is not <br />proposed. <br />Total $500.00 <br />~/'" r~ L~. L, ~ ~'(Z- Assessment Officer <br />afore <br />Candra L_ Rrnwn Dale r) r_S_emh r ~~, 00~ <br />Name Printed C-NV-02 C1980001 BGW 20051212 122101 PM <br />