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Proposed Civil Penalty Assessment Seneca Coal Company/The Seneca H Mine NOV CV-2003-005 July 7, 2003 Materials reviewed: DMG Inspection Form (6/10/03-6/1 l/03); DMG NOV Form (6/17/03). Comments from the permittee were not submitted. History [Rule 5.04.5(3)(a)]: No NOV s have been issued to this mine within the 12 month period preceding the issuance date (6/ 17/03} of this NOV. The History component is therefore proposed to be set at $0. Seriousness [Rule 5.045(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 occurcence 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 environment. (1) Events that cited performance standards are designed to prevent did in fact occur. Failing to re-topsoil and re-seed disturbed areas in accordance with the approved schedule resulted in excessive erosion, loss of topsoil resource, and sedimentation onto adjacent revege[ated areas. (2) The duration of the NOV appears to have been quite high (Oct 2002 -July 2003). While the impact upon the public appears low, [he areal extent of the NOV appears high (over 83.53 acres of topsoiled disturbance went unseeded; an additional 24.48 acres of disturbance went untopsoiled and unseeded; an additional acre was affected by erosional sediment deposition). The Seriousness component o(this assessment is therefore proposed to be set at $1000. Fault [Rule 5.045(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 perrnittee is now several months behind its reclamation schedule approved via TR-34 in October 2002. This NOV thus appears to be [he result of a high degree of negligence. The Fault component is therefore proposed to be set at $750. Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: This NOV has not yet been fully abated. Good faith credit is therefore not proposed at this time. The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $1750.