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Proposed Civil Penalty Assessment <br />Oxbow Mining, Inc. /The Sanborn Creek Mine <br />DMG Permit No. C-81-022 <br />NOV CV-2001-007 <br />Materials reviewed during [he preparation of this proposed penalty were: (I) copy of DMG inspection <br />report of 4/10/01; (2) copy of signed NOV form; (3) Permittee's 5/7/01 cover letter to DMG pertaining to <br />MR-58; (4) three slides dated 4/l0/01 taken by DMG staff, and (5) 5/10/01 memo from Joe Dudash. <br />History [Rule 5.04.5(3)(a)]: <br />No NOVs have been issued to this mine in [he 12 months preceding the date of this NOV. <br />The History component of this assessment is therefore proposed at $0. <br />Seriousness [Rule 5.04.5(3)(b)]: <br />The Seriousness component of a proposed civil penalty assessment may range from $0 [o $1750. <br />The amount assessed for Seriousness depends upon whether [he permittee failed [o comply with <br />an administrative standard or a performance standard. This NOV was written as a failure [o <br />comply with the performance standards associated with light-use road construction. <br />In the case of a perrnittee's failure to comply with performance standards, the amount of the <br />Seriousness component is based upon two additional factors: (1) the probability of the occurtence <br />of [he event which the violated standard is designed to prevent, and (2) [he duration and extent of <br />the actual or potential damage in terms of area and impact upon the public and the environment. <br />(I) The cited standards are designed to prevent mixing of topsoil and other materials during <br />topsoil s[ripping/salvaging operations, and [o prevent siltation from roads onto adjacent <br />undisturbed areas. Topsoil was mixed with other materials, but offsite siltation did not occur. <br />(2) The area from which topsoil was removed but not segregated appears to be approximately 6.2 <br />acres (9000' of road length x 30' of road width), based upon map entitled "Improved Access <br />and Sites of Degasifica[ion Wells", dated 1/17/0], and DMG slides. This is significant. <br />The Seriousness component of [his assessment is therefore proposed at $1000. <br />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 [o $1500. <br />Although this NOV appears [o have occurred as a result of intentional conduct, the emergency <br />sima[ion warrants a reduction in Fault to a high degree of negligence. <br />The Fault component of this assessment is therefore proposed a[ $750. <br />Credit for Permittee's Good Faith Efforts in Achieving Compliance [Rule 5.04.5(3)(d)]: <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 NOV is therefore proposed at $1750. <br />