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Proposed Clvll Peaalty Assessment <br />CAM M(niag, LLC J The Mnnger Canyon Mine <br />NOV CV-2007-003 <br />September 19, 2007 <br />Materials roviewed: DBMS Ittspeodan Reports (8/16/07, 8/28107, and 8.41107); NOV (8/21/07): Memo <br />dated 9!14!07 front !. E. Sloven and Associercs, Inc to DBMS. <br />History [Rule 5.045(3)(a)]: <br />No NOVs have lien issued at this mine during dte l2 trroaths preceding the issuance of this NOV. <br />The History component k therefore proposed to beset at S0. <br />Seriousness [Rule 3.043(3)(b)J: <br />The Seriousness rnmponenr of a !unposed at:sessmem may rouge from SO to E 1730. The amount <br />proposed dnpcnds upon whether the violation was one ofperformancc requirements or of <br />administmeive~rcgaironxnts;--ThirTl9Wvaswrittenr8arsviok ' ~'""'-"""'-'""""""' <br />In the case ofa violation of performattce requ'vements, tlx amount to be assessed for Seriousness <br />depends upon (1) the probabitiry of the occurtentt of du event which n violate! standard is <br />designed to prevent, and (2j the durarion and extent oC the potential or acme! damage in terms of <br />aces and impact on the public or environment. <br />(I) Disturbed areatun-off was not properly controlled. leading to the Omurcnee of evens <br />(failure of sedimeni control snttcturcs: disturixd area runoff leaving the sediment control <br />system; excessive erosion) that stau law and MLRS regulations are designed to prevent. <br />(2) DRMS observed fire violatiotu on August 16.2007. reportedly caused on August 2, ?007. <br />Impact to dte public is minor. Impact to the environtnent is limited to a relatively sore! I <br />volume of disturbed area runoff entering "Channel H", mtd to gullying of portions oCthe s(des <br />of the cimnnel. 'flrc silt fences appear to have remained un•repairecl for at Icnst ttw weeks. <br />The Seriousness rnmpoaent of this assessment Is therefore propasW to be set at 5500. <br />Fault [Rule 3.04.5(3)(c)J: <br />The fault component of a proposed civil penalty assessment may range from m to 51300. <br />Assessments of"unavoidable" valations may range Oom SO to E230. Assessments for violations <br />that were the result of"negligenee"may range from E230 to E750. Assessments for violations that <br />resulted from "in[etttlmtal conduct" may range from E7S0 to 51500. <br />The rainstorm drat contributed to these violarions was unavoidable; however, leavinr~ damaged <br />sediment comrol sift fierrclrtg uo-rcpalrcd for nvo weeks appears to be a high degree of negligence. <br />The Fault component is tberefire propoxd to be set at 5750. <br />Good Faith fa Achieving Compliance [Mule 5.04.5(3)(d)]: <br />While the violations cited itt the NOV were abated by tlxir deadlines, it does not appear at this <br />time that the petmiltee took extraordinary measures to meet or exceed these deadlines. <br />Cood faith eredlt fs therefore not proposed. <br />The Total Propoxd Civil Penalty Assessment for this NOV is therefore xt at 51250. <br />