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Proposed Civil Penalty Assessment <br />Seneca Coal Company/The Yoast Mine <br />NOV CV-2003-006 <br />August I5, 2003 <br />Materials reviewed: DMG Inspection Form (7/15/03); DMG NOV Form (7/21/03); DMG photographs <br />(7/24/03; 8/12/03). Comments from the permittee were not submitted. <br />History [Rule 5.04.5(3)(a)]: <br />No NOVs have been issued to this mine within the 12 month period preceding the issuance date <br />(7/21/03) ofthis NOV. <br />The History component is therefore proposed to be set at $0. <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 />proposed depends upon whether the violation was one of performance requirements or of <br />administrative requirements. This NOV was written for a violation 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 standazd is <br />designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of <br />azea and impact on the public or environment. <br />(1) Events that the cited performance standards aze designed to prevent did in fact occur. Failing <br />to construct appropriate overland flow control and erosion control measures in the North Pit <br />resulted in the creation of a lazge gully in the undisturbed area between the pit and Pond 011. <br />(2) The duration of this violation is uncertain. The extent of the gully (2200' long; up to IS' deep <br />in places; up to 20' wide in places) appears quite large, and the loss of topsoil and vegetation <br />resources appeazs substantial. The impact upon the public, however, appears to be zero. <br />The Seriousness component of this assessment is therefore proposed to be set at $750. <br />Fault [Rule 5.04.5(3)(c)]: <br />The fault component of a proposed civil penalty assessment may range from $0 [o $1500. <br />Assessments of "unavoidable" violations may range from $0 to $250. Assessments for violations <br />that were the result of "negligence" may range from $250 to $750. Assessments for violations that <br />resulted from "intentional conduct" may range from $750 to $1500. <br />The petmittee's failure to effectively reduce the overland flow velocity of the runoff leaving the <br />North Pit appeazs to have caused [his NOV. This NOV thus appeazs to be the result of a high <br />degree of negligence. <br />The Fault component is therefore proposed to be set at $750. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />This NOV has not yet been fully abated. <br />Good faith credit is therefore not proposed at this time. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $1500. <br />