ENFORCE33611

• Permit No: C1981038
• IBM Index Class Name: Enforcement
• Doc Date: 4/3/2001
• Doc Name: NOTICE OF PROPOSED AMOUNT OF CIVIL PENALTY REQUEST FOR CONFERENCE NOV CO CV-2001-003
• Violation No.: CV2001003
• Media Type: D
• Archive: No

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Proposed Civil Penalty Assessment
Bowie Resources Ltd /The Bowie No. I Mine
NOV CV-2001-003
Materials reviewed: copy of 3/5/01 DMG Inspection Report; copy of 3/6/01 DMG NOV; copy of DMG
3/9/01 NOV Modification Notice; copy of 3/14/01 DMG NOV Extension Notice; copy of DMG 3/23/01
Extension Notice; copy of 10/7/86 original pond as-built certification ; copy of 3/22/01 Sediment Pond
Certification (with permittee's consultant's comments); eight DMG slides, taken on 3/5/01 and 3/6/01;
memo dated 3/23/01 from Jae Dudash to Dan Hernandez.
History [Rule 5.04.5(3)(a)]:
One NOV has been issued at this mine within the past twelve months. However, because this
NOV has been extended, it is not included in the History component for this Civil Penalty
Assessment. The History component of this assessment is therefore proposed at $0.
Seriousness [Rule 5.04.5(3)(b)]:
The Seriousness component of a proposed assessment may range from $0 to $1750. The amount
assessed is based upon whether the permittee failed to comply with a performance standard or an
administrative standard. This NOV was written for a violation of performance standards.
In the case of a permittee's failure to comply with a performance standard, the amount of the
Seriousness component is based upon two additional factors: (1) the probability of the occurrence
of the event which the violated standard is designed to prevent, and (2) the duration and extent of
the actual or potential damage in terms of area and impact upon the public and the environment.
(I) Sediment pond maintenance standards are, among other things, designed to prevent pond
discharges from exceeding CPDS effluent limits. However, as a portion of the runoff
area reporting to this pond has been re-vegetated, and as another portion of the runoff
area has been graded to drain away from the pond, it appears that the probability of an
under-treated discharge leaving this pond from a 10-year, 24-hour event is very low.
(2) A portion of the runoff area reporting to this pond has been graded to drain away from
the pond. Another portion of the runoff area has been re-vegetated. It thus appears that
the volume of any potential under-treated discharge leaving this pond would be small.
The Seriousness component of this proposed penalty assessment is therefore set at $250.
Fault [Rule 5.04.5(3)(c)]:
The fault component of a proposed assessment may range from $0 to $1500. Fault for
unavoidable violations may range from $0 to $250. Fault for negligence violations may range
from $250 to $750. Fault for intentional violations may range from $750 to $1000.
It appears this violation occurred as a result of a moderate degree of penninee negligence.
The Fault component of this proposed penalty assessment is therefore set at $500.
Good Faith Effort in Achieving Compliance [Rule 5.04.5(3)(d)]:
This violation has yet to be terminated. The Good Faith Credit component of this proposed
civil penalty assessment is therefore proposed a[ $0 at this time.
The Total Proposed Civil Penalty Assessment for [his NOV is therefore recommended [o be $750.