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Proposed Civil Penalty Assessment <br />Snowcap Coal Co., Inc /Roadside North and South Portals <br />NOV CV-2006-002 <br />September 8, 2006 <br />Info reviewed: SCC letter to DMG (8/i/06); DMG Insp Repts (8/7/06, 8/9/06, and 8/25/06); NOV form <br />(8/11/06); DMG letter to SCC (8/14/06); NOV abatement form (8/17/06); NOV termination form (9/6/06). <br />History [Rule 5.04.5(3)(a)]: <br />No NOVs have been issued at this mine during the 12 months preceding the issuance of this NOV. <br />The History component is therefore proposed to be set at $0. <br />Seriousness [Rule 5.04.5(3)(b)]: <br />The Seriousness component of a proposed assessment may range from $0 to $1750. The amount <br />proposed depends upon whether the violation was one of performance requirements or of <br />administrative requirements. This NOV was written for a violation of performance requirements. <br />In the case of a violation of performance requirements, the amount to be assessed for Seriousness <br />depends upon (1) the probability of the occurrence of the event which a violated standard is <br />designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of <br />area and impact on the public or environment. <br />(1) Run-off from a storm equal to or smaller than the 100-year, 24-hour event was not properly <br />controlled, leading to events that state law and the MLRB regulations are designed to prevent. <br />(2) The storm lasted less than one day. Run-off over the face of the CRDA from a breached <br />terrace drain occurred over an area 10 ft wide and 67 ft long. Gullies measuring 2-3 ft wide x <br />30 ft long x 4-8 ft deep and 3 ft wide x 40 ft long x 2-4 ft deep formed in the "B" segment of <br />the RSRDA diversion. Sediment filled the diversion, causing breaches that allowed sediment- <br />laden water to bypass Pond 9 and partially obstruct a CDOT culvert inlet 400 ft downstream. <br />The Seriousness component of this assessment is therefore proposed to be set at $750. <br />Fault [Rule 5.04.5(3)(c)]: <br />The fault component of a proposed civil penalty assessment may range from $0 to $1500. <br />Assessments of "unavoidable" violations may range from $0 to $250. Assessments for violations <br />that were the result of "negligence" may range from $250 to $750. Assessments for violations that <br />resulted from "intentional conduct" may range from $750 to $1500. <br />The permittee exhibited a moderate degree of negligence in failing to construct and/or maintain <br />two properly-designed water control structures so as to prevent the violations cited in the NOV. <br />The Fault component is therefore proposed to be set at $600. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />The NOV was terminated ahead of schedule. Given the extent of problems created by the store, it <br />appears the permittee took extra measures to abate the violations in the shortest time possible. <br />Good faith credit of $250 is therefore proposed. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $1100. <br />