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Proposed Civil Penalty Assessment Central Appalachia Mining, LLC /The Munger Canyon Mine DMG Permit No. C-1981-020 / NOV CV-2005-004 May 3, 2005 Reviewed: DMG Insp Report (3/30/05); DMG NOV (4/7/05); Stover & Assoc memo (4/15/25); D. Mathews memo (4/25/05); D. Mathews a-mail (4/28/05); DMG NOV Termination Notice (4/28/05). 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 be set 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 requvements, the amount to be assessed For Seriousness depends upon (I) 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 area and impact on the public or environment. (1) An adverse impact to the hydrologic balance did not occur, nor does it seem that it would have occurred. Disturbance ofnon-salvaged topsoil did in fact occur. (2) With regard to the missing CMP, actual damage to the environment did not occur, and durntion and extent of potential damage to the environment that might have resulted from this missing CMP seem low. With regard to the disturbance ofnon-salvaged topsoil, a small amount of actual impact to the environment occurred. It appears that neither problem created an actual nor a potential impact upon the public. The Seriousness component of this assessment is therefore proposed to beset 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. Not installing CMP-3 prior to beginning construction of a new coal waste disposal azea, and failing to salvage topsoil from the rock storage area, appear to be a moderate level of negligence. The Fault component is therefore proposed to be set at $500. Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: It appears the permittee took extra measures to abate these violations well ahead of the DMG- established abatement deadlines. Good faith credit of $250 is proposed. The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $500.