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A. History <br />CV- 2011 -007 <br />Proposed Civil Penalty <br />Permit No. C- 1981 -012 <br />New Elk Mine <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 the potential for off -site damage was high, <br />particularly because there was not a ditch to control sediment off of the underground <br />development waste pile. Culvert C13 had been removed. This culvert conveyed disturbed area <br />runoff from sediment collection ditches around the new underground development pile over <br />the Purgatoire River to a sediment collection ditch on the south side of the river. No <br />conveyance structure was in place. Had there been a storm event, runoff from the waste pile <br />would have gone directly into the river. $750.00 is assessed for seriousness. <br />C. Fault <br />Installing and maintaining sediment control structures is a fundamental part of any surface coal <br />mining operation. It is also important to follow the designs for the construction of the pile. <br />Over - steepened slopes can present stability hazard. Failure to install /maintain sediment control <br />from an underground waste pile before any disturbance occurs, failure to follow the approved <br />design plan and failure to provide quarterly inspection reports represents a high level of <br />negligence. $750.00 is assessed for fault. <br />D. Good Faith <br />The abatement deadline for this NOV was December 26, 2011 for step one and January 9, 2012 <br />for Steps 2 and 3. Step 1 was abated on December 26, 2011, Step 2 was abated on November <br />28, 2011 and Step 3 was abated on January 4, 2012. A reduction of $250.00 is proposed for a <br />good faith reduction. <br />Total Proposed Penalty $1300.00 <br />