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History (Rule 5.04.5(3)(a)): <br />No NOVs have been issued to the Bowie No. 2 Mine within the twelve months <br />prior to the issuance date of this NOV. The History component of this Proposed <br />Civil Penalty is therefore assessed at $0. <br />Seriousness (Rule 5.04.5(3)(b)): <br />The Seriousness component of a Proposed Civil Penalty Assessment may range <br />from $0 to $1750. The amount assessed is to be based on whether the permittee <br />failed to comply with a performance standard or with an administrative <br />requirement. This NOV was written for the permittee's failure to comply with <br />performance standards. <br />In the case of a permittee's failure to comply with performance standards, the <br />amount of the Seriousness component is further based upon two additional <br />factors: (1) the probability of the occurrence of the event which the violated <br />standazds are designed to prevent, and (2) the duration and extent of the actual or <br />potential damage in terms of azea and impact on the public and the environment. <br />(1) The performance standards violated in this case were those regazding the <br />construction of a coal mine waste pile. These standards aze designed to <br />prevent mass movement of the waste material (4.09.1(7)). Compaction testing <br />conducted by Lambert and Associates indicates that a portion of the toe of the <br />waste pile has not been constructed to the minimum required compaction <br />standard. Thus, the probability that a portion of the Bowie No. 2 waste pile <br />might fail appears to be moderately high. <br />(2) Old State Highway 133 is situated 150 feet downhill of this waste pile. Given <br />the pile's current configuration and the relatively gentle slope of the area <br />immediately downhill of the pile, it does not appeaz at this time that material <br />from the pile in its current configuration would reach the highway in the event <br />of the pile's failure. Impact upon the public would thus be fairly limited. <br />Given also that a failure of the pile in its current configuration would impact <br />an azea downhill that is for the most part already disturbed, it appears that a <br />pile failure would not create a significant impact upon the environment. <br />The Seriousness component of this Proposed Civil Penalty is therefore assessed at <br />$750. <br />Fault (Rule 5.04.5(3)(c)): <br />The Fault component of a Proposed Civil Penalty may range from $0 to $1500. <br />In the case of violations that occur as the result of negligence, however, the range <br />is a minimum of $250 and a maximum of $750. Because the permit[ee allowed <br />the first 20 vertical feet of the waste pile to be constructed without being tested <br />