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Proposed Civil Penalty Assessment <br />Central Appalachia Mining, L.L.C. /The McClane Canyon Mine <br />NOV CV-2005-008 <br />November 30, 2005 <br />Materials reviewed: DMG NOV (10/26/05), NOV Modification (I 1/I/OS), and NOV Abatement Extension <br />(1118105); DMG Inspection Reports (10125105 and 11/1105); DMG Photos from 10/25/05 inspection; Letter <br />from J. E. Stover& Associates, Inc (1 I/8/OS). <br />History [Rule 5.04.5(3)(a)]: <br />One NOV has 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 $50. <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) The event (an adverse impact to [he hydrologic balance) that [he statutory, regulatory, and <br />permit standards are designed to prevent did in fact occur. The slope on which Culvert E is <br />situated was eroded by water flowing around the blocked Culvert E inlet. The Flow of <br />McClane Creek through haul road culvert H was stopped by Culvert H being filled in. <br />(2) An impact upon the public does not appear to have occurred. An impact upon the <br />environment (mine water flowing out of the designed treatment system onto surounding area) <br />did occur. The duration and extent of the actual damage upon the environment appear small. <br />The Seriousness component of this assessment is therefore proposed to be set at $250. <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 />These culverts apparently filled in as a result of a rain storm that occurred the evening of Tuesday <br />10/I8/O5. These culverts should have been cleaned out by DMG's inspection on 10/25/05. <br />The Fault component is therefore proposed to be set at $500. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />This NOV has not yet been terminated. <br />Goad faith credit is therefore not proposed at this time. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $800. <br />