ENFORCE36987

• Permit No: C1982056
• IBM Index Class Name: Enforcement
• Doc Date: 10/25/1993
• Doc Name: PROPOSED CIVIL PENALTY ASSESSMENT
• From: DMG
• To: TWENTYMILE COAL CO
• Violation No.: CV1993137
• Media Type: D
• Archive: No

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STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY
Department o(Natural Resources
I l l 3 Sherman St., Room 215 ~7 9 - ~ ~j ~ 7
Denver, CO 80203
Phone: (303) 8h6~3567
FAx: [phone]
DATE: October 25, 1993
T0: NOV file No. C-93-137. Twentymile Coal Co.
The Foidel Creek Mine, Permit No. C-82--0y5~6 ' , I
FROM: Daniel I. Hernandez, Assessment Officer / ~/.;-}~
RE: Proposed Civil Penalty Assessment
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Roy Romer
Governor
Michael B. Long
Division D~reclor
The following is the proposed assessment for NOV C-93-137. Comments supplied
by the operator per a facsimile transmission sent to the Division dated
October 19, 1993, were considered in this assessment. Comments by the
Division in a memorandum to the Assessment Officer dated October 20, 1993 were
also considered.
torv (5.04.5(3)(a))
,; Three NOVs have been issued to Twentymile Coal Company's Foidel Creek Mine
~!\- within the 12-month period preceding NOV C-93-137's issuance date of
September 24, 1993. All three have had their associated civil penalties
paid. All associated periods for filing for Board and judicial review have
passed, with no appeals filed. As such, I propose $150.00 for the History
component of this proposed penalty.
II. Seriousness (5.04.5(3)(b))
The amount of proposed civil penalty associated with this NOV was first based
upon whether the violation was of administrative versus performance
requirements. As Rule 2.05.6(6)(c)(i)(D) and Section 2.3 of Exhibit C of the
permit address performance requirements associated with the acquisition of
subsidence monitoring data, and as the operator has failed to perform this
data acquisition in accordance with these requirements, I find the permittee's
actions to be a violation of performance requirements.
As such, the amount of proposed civil penalty with regard to Seriousness was
based upon (1) the probability of the occurrence of the event the violated
standard is designed to prevent, and (2) the duration and extent of the
potential or actual damage in terms of area and impact on the public or
environment.