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Proposed Civil Penalty Assessment <br />Oxbow Mining, LLC / The Elk Creek Mine <br />NOV CV- 2014 -008 (issued December 9, 2014) <br />January 23, 2015 <br />Materials reviewed: NOV CV -2014 -008; DRMS inspection report (12/9/14); OSM Mine Site Evaluation <br />Report (12/10/14); Permittee comments (12/19/14); Permittee request for Abatement Extension (1/6/15). <br />History [Rule 5.04.5(3)(a)]: <br />No NOVs have been issued at this site within the last 12 months. <br />The History component is therefore proposed to be set at $0. <br />Seriousness [Rule 5.04.5(3)(b)]: <br />The Seriousness component of a proposed assessment may range from $0 to $1750. The amount <br />proposed depends upon whether the violation was one of performance and/or administrative <br />requirements. This NOV was for written for violations of performance requirements. <br />In the case of a violation of performance requirements, the amount to be assessed for Seriousness <br />depends upon (1) the probability of the occurrence of the event which a violated standard is <br />designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of <br />area and impact on the public or environment. <br />(1) The laws and rules cited in the NOV are designed to ensure that permittees operate in <br />accordance with approved permits, conduct reclamation as required by the law and rules, and <br />file drill hole abandonment reports correctly and in a timely manner. This didn't occur, so the <br />events that the laws and rules cited in the NOV are designed to prevent actually did occur. <br />(2) Duration for some of the problems noted seems on the order of 1 -2 years. The 28.6 acres of <br />approved but 're-located or enlarged disturbance (12/9/14 DBMS inspection report) is high. <br />The Seriousness component of this assessment is therefore proposed to be set at $750. <br />Fault [Rule 5.04.5(3)(c)]: <br />The fault component of a proposed civil penalty assessment may range from $0 to $1500. <br />Assessments of "unavoidable" violations may range from $0 to $250. Assessments for violations <br />that were the result of "negligence" may range from $250 to $750. Assessments for violations that <br />resulted from "intentional conduct" may range from $750 to $1500. <br />Failing to update the permit to document actual vs approved disturbances, failing to timely submit <br />drill hole abandonment reports, failing to temporarily seal holes as needed, and failing to cut off <br />drill hole casing extending above the ground surface suggests a high degree of negligence. <br />The Fault component is therefore proposed to be set at $750. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />I <br />This NOV has yet to be terminated. <br />Good Faith Credit is not proposed at this time. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $1500. <br />