ENFORCE32785

• Permit No: C1981020
• IBM Index Class Name: Enforcement
• Doc Date: 12/21/2001
• Doc Name: NOTICE OF PROPOSED AMOUNT OF CIVIL PENALTY REQUEST FOR CONFERENCE NOV CO CV-2001-018
• Violation No.: CV2001018
• Media Type: D
• Archive: No

Proposed Civil Penalty Assessment
Lodestar Energy, Inc /The Munger Canyon Mioe
NOV CV-2001-018
January 16,2002
Materials reviewed: 12/12/01 memo from Walter Whitledge to Dan Mathews; 12/21/01 DMG inspection
report; 12/21/01 DMG NOV CV-2001-018 form; 1/4/02 memo from Walter Whitledge to CMLRB; ]/7/02
memo from Dan Mathews to Dan Hernandez; 1/10/02 memo from George Hales to David Berry.
History [Rule 5.04.5(3)(a)]:
No NOVs have been issued to this permittee within the twelve months preceding the issuance date
of [his NOV (12/21/01). 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 of
administrative requirements. This NOV was written for a violation of performance requirements.
]n the case of a violation of performance requirements, the amount [o be assessed for Seriousness
depends upon (1) the probability of [he occurrence of the event which a violated standard is
designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of
azea and impact on the public or environment.
(1) Contemporaneously covering coal waste with soil serves [o prevent off-area transport of coal
waste fines via wind and water erosion, and to prevent spontaneous combustion of the waste.
The potential for erosional vansport of waste fines appears low, as a sediment vap exists at
the toe of the pile, and the pile is located in an area somewhat sheltered from wind. The
potential far spontaneous combustion also appears low, as the waste has been compacted.
(2) The small areal extent of the waste pile (approx 1 acre) suggests that the duration and extent
of any environmental impacts from erosion and/or spontaneous combustion would be small.
The Seriousness component of this assessment is therefore proposed to be set 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.
DMG sent LEI a review of TR-13 on 1/10/Ol, requesting a date by which the mine site
reclamation would be completed. DMG did not receive a response until 6/18/01. DMG then
replied in two letters dated 7/31/01 and 8/20/01, to which LEI did not respond until 10/2/01.
LEI's delayed responses appear to have delayed DMG's approval of TR-13 until 10/15/Ol, with
final approval not occurring until 10/30/0]. LEI was then unable to cover the waste by 11/Ol/Ol.
The Fault component is therefore proposed to be sel at $750.
Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]:
This NOV is currently unabated. Good faith credit is therefore not proposed at this time.
The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $1000.