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Fault [Rule 5.04.5(3)(c)] <br />The Fault component of a proposed civil penalty assessment may range from $0 to $1500. <br />Assessments for "unavoidable" violations may range from $0 [o $250. Assessments for violations <br />that were the result of "negligence" may range from $250 to $750. Assessments for violations that <br />were the result of"intentional conduct" may range from $750 to $1500. <br />It appears that the revocation of Frontier Insurance Company's Certificate of Authority by the US <br />Treasury Depamnent was something that Bowie could not have controlled. However, operating in <br />a fmancially responsible manner, which includes maintaining the ability to obtain replacement <br />reclamation bonds when the need arises, is something all coal mining operators, including their <br />owners and controllers, must strive to achieve. It appears that Bowie, as well as its owners and <br />controllers, may have neglected this responsibility. <br />Therefore, while Bowie's failure to comply with DMG's requests to replace its bond may at the <br />outset appear to border on "intentional conduct", the circumstances in this particular case suggest <br />that Bowie's failure to comply falls more in the category of "negligence". <br />The Fault compooent of this assessment is therefore proposed at $500. <br />Credit for Permittee's Good Faith Efforts in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />The Division may subtract up to $1250 of the penalty assessment if: <br />(I) the person to whom the notice of violation or cessation order was issued took extraordinary <br />measures to abate the violation; <br />(2) that abatement was achieved in the shortest possible; and <br />(3) that abatement was achieved before the expiration of the time fixed for abatement in the <br />notice or order, or any modification thereof. <br />As this NOV remains unabated, no reduction of this assessment is proposed at this time. <br />The Total Proposed Civil Penalty Assessment for this IYOV is therefore proposed at 51000. <br />