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Proposed Civil Penalty Assessment Seneca Coal Company /The Yoast Mine NOV C-99-009 Materials reviewed in regard to the preparation of this proposed assessment were: DMG's inspection report of 9/15/99, ten photographs taken by DMG personnel during that inspection, and DMG inspection reports from 6/15/99, 7/12/99, and 8/16/99. No comments were submitted by the permittee. History [Rule 5.04.5(3)(a)]: One NOV (C-99-001) was issued to this permittee within the twelve months preceding the issuance date of this NOV (9/17/99). The History component is therefore proposed at $50. Seriousness [Rule 5.04.5(3)(b)]: The Seriousness component of a Proposed Civil Penalty Assessment may range from $0 to $1750. The assessment shall depend upon whether the violation was one of performance requirements or 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 shall also be based on the degree of impact the violation has upon the public or environment. This NOV was written for the permittee's failure to control erosion of, and off-site siltation from, a mine haul road. Disturbances associated with this violation occurred beyond both the approved permit boundary and disturbed area boundary. Photographs indicate significant erosion of the haul road embankments and a significant degree of off-site siltation. I therefore believe $1250 is an appropriate amount for the Seriousness component. Fault [Rule 5.04.5(3)(c)]: The Fault component of a Proposed Civil Penally Assessment may range from $0 [o $1500. Assessments for "unavoidable" violations may range from $0 to $250. Assessments for violations that resulted from "indifference" may range from $250 to $750. Assessments for violations that resulted from "intentional conduct" may range from $750 to 51500. As the Division had consistently informed [he permittee in three previous inspections that haul road maintenance was an important item of consideration, it would appeaz that a high degree of indifference toward maintaining the haul road led to this violation. I therefore believe that $750 is an appropriate amount for the Fault component. Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: Up to $1250 may be subtracted from [he Proposed Civil Penalty Assessment if the person to whom the NOV issued: took extraordinary measures to abate the violation; achieved abatement in the shortest time possible; and achieved abatement before the expiration of the time fixed (or abatement in the NOV. While the violation appears to have been abated in the shortest time possible and before the expiration of the timeframe set in the NOV, there does not appear at this time to have been any exuaordinary effort taken by the permittee. No reduction for good faith is proposed at this time. The Total Proposed Civil Penalty Assessment for this NOV is therefore recommended at $2050.