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Proposed Civil Penalty Assessment <br />Seneca Coal Company/T'he Seneca H-W Mine <br />NOV CV-O1-002 <br />Materials reviewed in conjunction with the preparation of this proposed assessment were: aerial photo of <br />Seneca II-W mine taken 1/24/01; I 1 slides taken by DMG staff dated 1/30/01; copy of DMG Inspection <br />Report dated I/31/Ol; copy of DMG NOV dated l/31/01; and copies of Seneca li-W blasting records dated <br />1 (/21/00, 12/13/00, and 1/16/01. The permittee did not submit comments. <br />History [Rule 5.04.5(3)(a)]: <br />Two NOVs have been issued at this mine within the twelve months preceding the issue dale of this <br />NOV. The History component of this assessment is therefore proposed at $100. <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 />assessed is based upon whether the permittee failed to comply with a performance standard or an <br />adminisvative standard. This NOV was written for a violation of performance standards. <br />in the case of a permittee's failure to comply with a performance standard, the amount of the <br />Seriousness component is to be further based upon two additional factors: (I) the probability of <br />the occurrence of the event which the violated standard is designed to prevent, and (2) the duration <br />and extent of the actual or potential damage in terms of area and impact upon the public and the <br />environment. <br />(I) In this case, the event that the cited performance standards aze designed to prevent did in fact <br />occur. Topsoil was not salvaged from an area upon which blasted overburden was deposited. <br />(2) As this violation appears [o have been associated with the 12/13/00 blast, i[ appears that the <br />duration of the violation was relatively short. However, [he extent of [he damage is an area <br />estimated to be 300' by 150-200', or roughly between 1 and 1.3 acres. Additionally, the area <br />where the impact occurred was not approved to be disturbed at the time of the violation. As <br />such, this disturbance appears to be an "off-site impact". <br />The Seriousness component of this proposed penalty assessment is therefore set at $1000. <br />Fault [Rule 5.04.5(3)(c)]: <br />The fault component of a proposed assessment may range from $0 to $1500. Assessments for <br />unavoidable violations may range from $0 to $250. Assessments For violations that were the <br />result of negligence may range from $250 to $750. Assessments for violations that were the result <br />of intentional conduct may range from $750 to $1500. <br />Given this operation's history and knowledge of blasting, it appears that [his violation occurred as <br />a result of a high degree of negligence. <br />The Fault component of this proposed penalty assessment is therefore set at $750. <br />Good Faith Credit in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />This violation has not yet been abated. The Good Faith Credit component of this proposed <br />penalty assessment is therefore proposed at $0. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore recommended to be $1850. <br />