ENFORCE33857

• Permit No: C1981020
• IBM Index Class Name: Enforcement
• Doc Date: 9/19/2007
• Doc Name: Notice of Proposed Amount of Civil Penalty
• From: DRMS
• To: CAM Mining, LLC
• Violation No.: CV2007003
• Media Type: D
• Archive: No

Proposed Civil Penalty Assessment
CAM Mining, LLC /The Munger Canyon Mine
NOV CV-2007-003
September 19, 2007
Materials reviewed: DRMS Inspection Reports (8/16/07, 8/28/07, and 8/31/07); NOV (8/21/07); Memo
dated 9/14/07 from J. E. Stover and Associates, Inc to DRMS.
History [Role 5.04.5(3)(a)]:
No NOVs have been issued at this mine during the 12 months preceding the issuance of this NOV.
The History component is therefore proposed to be set a[ $0.
Seriousness [Rule 5.04.5(3)(b)J:
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 (1) the probability of the occurrence of the event which a violated standard is
designed to prevent, and (2) [he duration and extent of the potential or actual damage in terms of
area and impact on the public or environment.
(1) Disturbed area run-off was not properly controlled, leading to the occurrence of events
(failure of sediment control structures; disturbed area runoff leaving the sediment control
system; excessive erosion) that state law and MLRB regulations are designed to prevent.
(2) DRMS observed the violations on August 16, 2007, reportedly caused on August 2, 2007.
Impact to the public is minor. Impact to the environment is limited to a relatively small
volume of disturbed area runoff entering "Channel H", and to gullying of portions of the sides
of the channel. The silt fences appear to have remained un-repaired for at least two weeks.
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 $750 to $1500.
The rainstorm that contributed to these violations was unavoidable; however, leaving damaged
sediment control silt fencing un-repaired for Iwo weeks appeazs to be a high degree of negligence.
The Fault component is therefore proposed to be set at $750.
Good Faith in Achieving Compliance jRule 5.045(3)(d)]:
While the violations cited in the NOV were abated by their deadlines, it does not appear at this
time that the permittee took extraordinary measures to meet or exceed these deadlines.
Good faith credit is therefore not proposed.
The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $1250.