ENFORCE26872

• Permit No: C1980004
• IBM Index Class Name: Enforcement
• Doc Date: 12/15/2004
• Doc Name: Notice of Proposed Amount of Civil Penalty
• From: DMG
• To: Walter Whitledge
• Violation No.: CV2004005
• Media Type: D
• Archive: No

Proposed Civil Penalty Assessment
Central Appalachia Mining, LLC/Lodestar Energy, Inc
The McClave Canyon Mine/NOV CV-2004-005
December 13, 2004
Reviewed: DMG NOV (11/19/04); DMG Insp Repts (11/19/04 and 12/07/04}; Insp Photos (1I/19/04);
Consultant's a-mail (11/22/04); Dan Mathews' memo (12/9/04); Mathews' a-mail w/ pond cert (12/14/04).
History [Rule 5.04.5(3)(a)]:
No NOVs have been issued at this mine during the 12 months preceding the issuance of this NOV.
The History component is therefore proposed to beset 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 one 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 standazd is
designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of
azea and impact on the public or environment.
(1) The event (an adverse impact to the hydrologic balance) that the statutory, regulatory, and
permit standards aze designed to prevent did not occur. A moderate level of impact upon the
environment might have occurred if pond water had breached the pond embankment. As it
was late fall when this NOV was written, the probability of this event occurring seems low.
(2) Actual damage to the public or the environment did not occur. The duration and extent of
potential damage upon the environment seem moderate, but upon the public seem low.
The Seriousness component of this assessment is therefore proposed to be set at $250.
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.
It appeazs this NOV was the result of a low degree of negligence on the part of the permittee. The
permittee conducted pond repairs in late October 2004, then informed its consultant engineer on
11/17/04 of cracks in the embanlanent. The engineer inspected the pond on 11/18/04, directed the
permittee to pump down the pond, and informed DMG on 11/18/04 of the matter.
The Fault component is therefore proposed to be set at $250.
Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]:
Extra effort was made to begin repairs before calling DMG. NOV was abated ahead of deadline.
Good faith credit of $100 is therefore proposed.
The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $400.