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<br />Proposed Civil Penalty Assessment <br />Seneca Coal Company/The Yoast Mine <br />NOV CV-O1-013 <br />Materials reviewed in conjunction with the prepazation of this proposed assessment were: DMG inspection <br />report of 10/23-24/01, DMG NOV CV-2001-013 form dated 10/26/01, and DMG NOV Modification form <br />dated 10/30/01. Comments from the permittee regarding this NOV were apparently not provided. <br />History [Rule 5.04.5(3)(a)]: <br />One NOV (CV-O1-009) has been issued a[ this mine within the year preceding the issue date of <br />this NOV. The time period allowed for adminisuative appeal of this previous NOV has passed. <br />The History component of this assessment is therefore proposed at $50. <br />Seriousness [Rule 5.04.5(3)(b)]: <br />The Seriousness cotnponen[ of a proposed assessment may range from $0 to $1750. The amount <br />assessed is based upon whether the permi[tee failed to comply with a performance standard or an <br />adminisVative s[andazd. This NOV was written for a violation of a performance standard. <br />In the case of a permi[tee's failure to comply with a performance standard, the Seriousness <br />component is [o be fttrther based upon two additional factors: (1) the probability of the occurrence <br />of the even[ which the violated standard is designed [o prevent, and (2) [he duration and extent of <br />[he actual or potential damage in terms of area and impact upon the public and the environment. <br />(1) Rule 4.08.4(]0)(c) is designed to protect certain structures from damage that could result from <br />ground vibrations due to blasting. The permittee, on 10/17/00, 2/19/01, and 9/12/01, used an <br />amount of explosives higher than allowed by this rule. In all three instances, the closest <br />structure was the "G. Valora" dwelling. While it is not known if this swcture has been <br />actually damaged, the probability [ha[ some degree of damage may have occurted exists. <br />(2) While i[ may be reasonable to assume that the potential for the "G. Valora" dwelling to have <br />been damaged exists, [he duration and ezten[ of that potential damage is difficult to estimate. <br />The Seriousness component of this proposed penalty assessment is therefore set at $1250. <br />Fault [Rule 5.04.5(3)(c)]: <br />The fault component of a proposed assessment may range from $0 [o $1500. Assessments for <br />unavoidable violations may range from $0 to $250. Assessments for violations that were the <br />result of negligence may range from $250 to $750. Assessments for violations that were the result <br />of intentional conduct may range from $750 [o $1500. <br />This violation appears [o have occurted as a result of an extremely high degree of negligence. I[ is <br />the permittee's responsibility [o ensure that explosives are used in accordance with the regulations. <br />The Fault component of this proposed penalty assessment is therefore set at $750. <br />Good Faith Credit in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />This NOV has not ye[ been terminated. <br />The Good Faith Credit component of this proposed penalty assessment is therefore set at $0. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore recommended to be $2050. <br />