ENFORCE32983

• Permit No: C1981022
• IBM Index Class Name: Enforcement
• Doc Date: 2/22/2006
• Doc Name: Notice of Proposed Amount of Civil Penalty
• From: DMG
• To: Oxbow Mining LLC
• Violation No.: CV2006001
• Media Type: D
• Archive: No

Proposed Civil Penalty Assessment
Oxbow Mining, LLC /The Sanborn Creek and Elk Creek Mines
NOV CV-2006-001
February 22,2006
Info reviewed: Oxbow Mining LLC (OMLLC) TR-Sl Application cover letter (6/6/05); DMG [nsp Repoli
(1/] 8106); DMG NOV (1/23!06); DMG/OMLLC E-mails (2/3/06); OMLLC Letter to DMG (2/6/06); DMG
Memo (2/9/06); DMG Memo (2/13/06); DMG Letter to OMLLC (2/IS/06); DMG Memo (2/21/06).
History [Rule 5.04.5(3)(a)J:
No NOVs have been issued at this mine during the t2 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 of
administrative requirements. This NOV was written for a violation of performance requirements.
In the case of a violation of performance requirements, the amount to be assessed for Seriousness
depends upon (I) the probability ofthe occurtence 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 event that the statutes and regulations are designed to prevent (drilling of an unpermitted
gob vent borehole with no approved estimate of specific reclamation cost) did in fact occur.
(2) The borehole was drilled from an approved disturbance with sediment control measures in
place. Damage upon the public or surface lands thus appears non-existent. A completion log
submitted by OMLLC indicates that the borehole was drilled to a depth of 53 feet on 12/5/05;
DMG was unaware of this until its 1/18/06 site inspection. Extent of unpermitted potential
impact to subsurface environmental resources is thus S3 feet, and duration is thus 44 days.
The Seriousness component of this assessment is therefore proposed to be set at $500.
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 $7S0 to $IS00.
Failure to have obtained DMG approval prior to drilling the borehole appears to have been the
result of 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)]:
This NOV has not yet been terminated.
Good faith credit is therefore not proposed at this time.
The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $1000.