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COLORADO DIVISION OF MINERALS AND GEOLOGY <br />Civil Penalty Worksheet <br />I. Identification <br />NOV No.: CV-2002-014 <br />Date Issued: July 9, 2002 <br />Mine: King Coal Mine <br />Permit No.: C-1981-035 <br />Operator/Permittee: National King Coal, LLC <br />Type of Violation: <br />Administrative <br />Performance Standard <br />X Permit Condition <br />II. Mandatory Penalties <br />Cessation Order <br />Failure to Abate - $750 to $5,000/day x days <br />Mining without a Permit <br />III. Penalty Calculation Criteria -Rule 5.04.6 <br />Source of Information or Assessment: Opera[or/Permittee X Division <br /> Category Comments <br />A. History <br /> 0 NOVs pas[ 12 months x $50 <br /> COs past 12 months x $250 <br />B. Seriousness <br />The operator mined within 30 Feet of the Crawford <br /> Severe $1,500 $1,750 residence. The permit required a 100 foot buffer <br /> Significant $1,000 $1,250 around the house. Subsidence cracks were observed <br /> Low/Moderate $250 $500 $750 several hundred feet from the house; this was <br /> Insignificant $0 predicted in the permit. No conclusive evidence was <br /> Administrative found regarding subsidence damage to the house. <br />C. Fault <br /> National King Coal relied on a USGS map to <br /> Intentional $1,000 $1,250 $1 500 locate the Crawford house. The USGS map was <br /> Negligence $250 $500 $750 inaccurate. The operator discovered the error <br /> Unavoidable $0 when they surveyed after mining. The operator <br /> was negligent by not surveying the house <br />D. Number of Days Penal[v Assessed rior to minin <br />location <br /> p <br />g. <br />E. Good Faith (May not exceed $1,250) $0 .00 <br /> Credit -Extraordinary Effort No evidence presented that the NOV has been <br /> Credit -Rapid Compliance abated. <br />Total $1,500.00 <br />Signature <br />Assessment Officer <br />Sandra L. Brown Date August 2, 2002 <br />Name Printed crrv-oz_a9eioss_nan_zoozos~ 9sssanni <br />