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Proposed Civil Penalty Assessment <br />Twentymile Coal, LLC/ Foidel Creek Mine <br />NOV CV -2016-001 (Issued May 19, 2016) <br />June 16, 2016 <br />Materials reviewed: NOV CV -2016-001 (5/19/2016); DRMS inspection report (5/10/2016); Permittee request <br />for Abatement Extension (6/10/2016). <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 of this assessment is therefore proposed to be set at $0. <br />Seriousness [Rule 5.04.5(3)(b)]: <br />The Seriousness component of a proposed civil penalty assessment may range from $0 to $1750. The <br />amount 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 designed to <br />prevent, and (2) the duration and extent of the potential or actual damage in terms of area and impact on <br />the public or environment. <br />(1) The laws and rules cited in the NOV are designed to ensure that permittees operate in accordance <br />with approved permits, contain disturbances within the approved boundaries, minimize sediment <br />deposition outside of the approved disturbance boundaries, and post a performance bond for all <br />areas disturbed by mining activities. This did not occur with regards to the violations contained in <br />CV -2016-001. The events that the laws and rules are designed to prevent, as cited in the NOV, <br />actually did occur. <br />(2) Duration for sediment/coal fines deposition outside of the disturbance boundary was <br />approximately 3 months. However, due to snow cover, the problem was not noted until the <br />Division's May 10, 2016 inspection. <br />The Seriousness component of this assessment is therefore proposed to be set at $500. <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 that <br />were the result of "negligence" may range from $250 to $750. Assessments for violations that resulted <br />from "intentional conduct" may range from $750 to $1500. <br />While Twentymile would have no way of knowing there was a clog in the dewatering system, the pump <br />was turned on and not monitored. It was not until some later time that they became aware of the clog <br />and turned the pump off. These actions suggests a moderate degree of negligence. <br />The Fault component of this assessment is therefore proposed to be set at $500. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />This NOV has yet to be terminated. <br />No Good Faith Credit is proposed at this time. <br />The Total Proposed Civil Penalty Assessment for NOV CV -2016-001 is therefore set at $1000. <br />