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<br /> <br />iiiiiiiiiiiiiiiiiii <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />131 J Sherman 51 . Room 215 ~-~ `) - ~ ~/ ~I 7 <br />Denver, CO 80203 <br />Phone (303) 866-3567 <br />FAX: (303) 832-8106 <br />DATE: October 25, 1993 <br />T0: NOV File No. C-93-137. Twentymile Coal Co. <br />The Foidel Creek Mine, Permit No. C-82-056 <br />FROM: Daniel I. Hernandez, Assessment Officer~/.~-~ <br />RE: Proposed Civil Penalty Assessment <br />OF ~~ <br />Nc i <br />ti~~ <br />~B]6 ~ <br />Roy Romer <br />Governor <br />Michael B Long <br />Division Dueaor <br />The following is the proposed assessment for NOV C-93-137. Comments supplied <br />by the operator per a facsimile transmission sent to the Division dated <br />October 19, 1993, were considered in this assessment. Comments by the <br />Division in a memorandum to the Assessment Officer dated October 20, 1993 were <br />also considered. <br />I. Historv (5.04.5(3)(a)> <br />,; Three NOVs have been issued to Twentymile Coal Company's Foidel Creek Mine <br />V within the 12-month period preceding NOV C-93-137's issuance date of <br />September 24, 1993. All three have had their associated civil penalties <br />paid. All associated periods for filing for Board and judicial review have <br />passed, with no appeals filed. As such, I propose $150.00 for the History <br />component of this proposed penalty. <br />II. Seriousness (5.04.5(3>(b)> <br />The amount of proposed civil penalty associated with this NOV was first based <br />upon whether the violation was of administrative versus performance <br />requirements. As Rule 2.05.6(6>(c)(i)(D) and Section 2.3 of Exhibit C of the <br />permit address performance requirements associated with the acquisition of <br />subsidence monitoring data, and as the operator has failed to perform this <br />data acquisition in accordance with these requirements, I find the permittee's <br />actions to be a violation of performance requirements. <br />As such, the amount of proposed civil penalty with regard to Seriousness was <br />based upon (1) the probability of the occurrence of the event the violated <br />standard is designed to prevent, and (2) the duration and extent of the <br />potential or actual damage in terms of area and impact on the public or <br />environment. <br />