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After hearing this testimony and considering the evidence presented, I have come to the <br />following conclusions: <br />HISIOCV <br />No penalty is appropriate for history. <br />Seriousness <br />I concur that $1,250.00 is an appropriate daily penalty for this NOV. I believe that Twentymile <br />Coal Company~did implement the Permit Revision prior to approval and also was not developing <br />the submain in accordance with the approved mine plan. I believe that this violation is very <br />serious and should fall under the category of Significant. While apparently no harm was done to <br />the environment or to permanent structures, the potential was certainly there. <br />Fault <br />I concur that $1,250.00 is an appropriate daily penalty for this NOV. The Permit Revision had <br />been submitted by Twentymile Coal Company for approval by the Division. Work proceeded <br />prior to obtaining the approval. Also, mine development was directed to proceed in an azea <br />outside of the approved mine plan map. It is my understanding that coal mines are planned in <br />detail prior to moving any earth for coal ownership, cost\benefit, mine efficiency, and safety <br />considerations to name a few. <br />Number of Days Penalty Assessed <br />I do not concur with 4 days. The mine was inspected on July 28, 1997, however, Twentymile did <br />not receive the NOV by mail until August 12, 1997. The NOV was terminated on August 11, <br />1997. The NOV was received by Twentymile Coal Company by fax on August 8, 1997 at <br />4:23PM which is awful Late in the day for allowing much of a response, not to mention that it <br />was a Friday. I believe that 3 days is more appropriate for this violation which was terminated <br />azound l 1:OOAM, Monday morning. <br />Good Faith. <br />I concur that considerable good faith was exhibited by the operator. I believe that good faith <br />should be increased from $500 to $1,000.00, given the extraordinary effort and extremely rapid <br />compliance. <br />Settlement Aereement Penalty <br />History $0.00 <br />Seriousness $1,250.00 <br />Fault $1,250.00 <br />Number of Days Penalty Assessed 3 <br />Good Faith $ I ,000.00 <br />Total Penalty for NOV CV-97-011 $6,500.00 <br />