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Proposed Civil Penalty Assessment <br />GCC Energy, LLC / The King Coal Mine <br />NOV CV -2015-001— Issued May 7, 2015 <br />June 4, 2015 <br />Materials reviewed: DBMS Inspection Reports (4/21/15; 5/18/15); DRMS NOV CV -2015-001 (5/7/15); <br />GCC letter to DBMS (5/26/15). <br />History [Rule 5.04.5(3)(a)]: <br />No NOVs have been issued at this mine during the 12 months preceding the issuance of this NOV. <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 requirements or of <br />administrative requirements. This NOV was written for a violation 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) Events that standards are designed to prevent did in fact occur. A coal stockpile was enlarged <br />without prior Division approval. Additionally, a disturbed area runoff ditch was filled in, <br />creating a small probability that disturbed runoff might not have reported to a sediment pond. <br />(2) The extent of the actual impact was relatively small. Duration is unknown. <br />The Seriousness component of this assessment is therefore proposed to be set at $250. <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 />Permittees are expected to operate and maintain coal stockpile areas in compliance with the rules. <br />This NOV appears to have occurred as a result of a moderate degree of negligence. <br />The Fault component is therefore proposed to be set at $500. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />It appears GCC took immediate steps to abate the NOV in the shortest time possible and before <br />the required abatement deadline. The permittee has implemented extra steps (the use of stakes to <br />delineate the limits of the stockpile) so as to reduce the possibility of another violation. <br />Good faith credit in the amount of $250 is therefore proposed. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $500. <br />