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A. History <br />There has been one NOV issued to New Elk Coal Company, LLC at the New Elk Mine during the <br />past twelve months, CV- 2011 -003. $50.00 is assessed for history. <br />B. Seriousness <br />No off-site damage was documented, however with the amount of sediment, the debris and the <br />obstructions that had accumulated in the cited structures; the potential for off -site damage was <br />moderate to high if a storm event were to occur. An assessment of $500.00 is proposed for <br />seriousness. <br />C. Fault <br />D. Good Faith <br />Total Proposed Penalty $1050.00 <br />CV- 2011 -006 <br />Proposed Civil Penalty <br />C- 1981 -012 <br />New Elk Mine <br />The operator was not maintaining the sediment control structures as needed to maintain their <br />functionality. This represents negligence. Due to the number of structures cited, this <br />represents a high degree of negligence and $750.00 is proposed for fault. <br />The abatement deadline for this NOV was January 9, 2012. The NOV was abated and <br />terminated on December 22, 2011, well ahead of the abatement deadline. $250.00 is proposed <br />for a good faith reduction. <br />