ENFORCE36370

• Permit No: C1981035
• IBM Index Class Name: Enforcement
• Doc Date: 11/16/2006
• Doc Name: Letter Regarding Reissue of Proposed Penalty
• From: David Berry
• To: Sandy Brown
• Violation No.: CV2006005
• Media Type: D
• Archive: No

STATE OF COLD
DIVISION OF RECLAMATION, MINING AND SAFETY
Department of Natural Resources
1313 Sherman St., Room 215
Denver, Colorado 80203
Phone: [phone]
FAX: [phone]
Date: November 16, 2006
elf - ~~
RECEIVED
To: Sandy Brown ~, NOV 1 6 2006
,: ~ Division of Recfama!ion,
From: David Berty ~ Mining and Safety
Re: Proposed Civil Penalty Assessment -Notice ~of Violation (NOV) CV-2006-005Assessment -Notice ~of Violation (NOV) CV-2006-005
National King Coal, LLC -Permit No: C81-035
COLORADO
DIVISION OF
RECLAMATION
MINING
- St-
SAFETY
Bill (Teens
Governor
Russell George
Executive Director
Ronald W. Canany
Division Director
Natural Resource Trustee
I recommend and request that DRMS should reissue the proposed civil penalty
assessment for the above-referenced NOV. I note that the initial assessment was sent to
the operator on September 21, 2006, in advance of the maximum allowable timeframe
of 30 days from the issuance date of the subject NOV (NOV issuance date was
September 5, 2006). The NOV was abated on September 22, 2006, the day after the
initial proposed civil penalty was sent to the operator.
Given the circumstances of this case, the timing of the previous actions and given the
operator's diligent and rapid abatement of the NOV, I recommend that a revised civil
penalty assessment be issued with some consideration given for Good Faith. This revised
Notice of Proposed Amount of Civil Penalty will replace the previous Notice of Proposed
Amount of Civil Penalty issued on September 21, 2006.
Thank you.
Office of Office of
Mined Land Reclamation ARive and Inactive Mines