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Proposed Civil Penalty Assessment Snowcap Coal CompanylT'he Roadside Mine NOV CV-2002-019 October 15, 2002 Materials reviewed: DMG Inspection Form (9/9/02); DMG NOV Form (9/16/02). Comments from the permittee were not submitted. History [Rule 5.04.5(3)(a)]: One NOV has been issued to this permittee within the twelve months preceding the issuance date of this NOV; however, the appeal periods associated with that NOV have not yet ended. The History component is therefore proposed to be set at $0. Seriousness [Rule 5.04.5(3)(b)]: The Seriousness component of a proposed assessment may range from $0 to $1750. The amount proposed depends upon whether the violation was one of performance requirements or of administrative requirements. This NOV was written for a violation of performance requirements. In the case of a violation of performance requirements, the amount to be assessed for Seriousness depends upon (1) the probability of the occurrence of the event which a violated standard is designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of area and impact on the public or enduonment. (1) Events that the cited performance standazds are designed to prevent did in Fact occur. Failure to effectively control the drainage from two different mine roads resulted in excessive erosion at two different recently-reclaimed (though unseeded) disturbed areas. (2) The degree of acmal environmental damage associated with this NOV appears to have be moderate. The degree of actual or potential damage to the public associated with this NOV appears to be zero. The Seriousness component of this assessment is therefore proposed [o be set at $500. Fault [Rule 5.04.5(3)(c)]: The fault component of a proposed civil penalty assessment may range from $0 to $1500. Assessments of "unavoidable" violations may range from $0 to $250. Assessments for violations that were the result of "negligence" may range from $250 to $750. Assessments for violations that resulted from "intentional conduct" may range from $750 to $1500. The events cited in this NOV appeaz to have resulted from a moderate degree of negligence. The Fault component is therefore proposed to be set at S500. Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: It appears that this NOV has not yet been abated. Good faith credit is therefore not proposed at this time. The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $1000.