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NOV C-97-O1 l <br />Twenrymile Coal Company <br />This NOV was issued for implementing a proposed revision of mining plans prior to approval of <br />the revised plans. Development of a submain in a different location and with different designs <br />than those in the approved permit was initiated prior to approval of revised plans for the <br />structure. <br />HIST RY <br />No NOV's have been issued at this mine during the past twelve months. No penalty is assessed <br />for history. <br />SERIOUSNESS <br />This was an administrative NOV. The regulations indicate that assessment of civil penalties for <br />administrative violations should consider the extent to which enforcement of the Act was <br />obstructed by the violation (Rule 5.04.5(3)(b)(ii). In this case, development of underground <br />mine workings was modified and the workings were relocated without a review of that portion of <br />the mining plan by the Division. Without reviewing mining plans and, without prior knowledge <br />that mining operations other than those in the approved permit were being conducted, the <br />Division's ability to enforce the Act was essentially totally obstructed. The revised configuration <br />of the submain and its modified location have the potential to cause impacts which the Division <br />did not have an opportunity to assess without a completed review of mining plans. By <br />implementing mining plans prior to review of those plans by the Division ,the operator <br />obstructed the Division's ability to assess and ensure compliance with regulatory requirements <br />involving subsidence protection of FoidelCreek, a public road, and a railroad. The submain <br />which was being developed at the time of the inspection has six entries, whereas the plans for <br />submains reviewed in the past by the Division had five entries. Implementing the proposed <br />revision of mine plans would also have expanded the azea potentially affected by underground <br />mining without an opportunity for the Division to review those potential impacts. The <br />Division's ability to consult with the BLM, who owns the affected coal, was also obstructed by <br />implementation of revised plans prior to approval, as was the ability to consult with any other <br />interested parties. <br />Due to the extent to which the Division's ability to enforce the Act was obstructed, I am <br />assessing $1250 for seriousness. This amount corresponds to a "significant" degree of <br />seriousness for violations of performance standards. <br />