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Fault [Rule 5.04.5(3)(c)]: The Fault component of a proposed civil penalty assessment may range from $0 to $1500. Assessments for "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 were the result of"intentional conduct" may range from $750 to $1500. It appears that the revocation of Frontier Insurance Company's Certificate of Authority by the US Treasury Department was something that Pickenvire could not have controlled. Therefore, while Picke[wire's delay in complying with DMG's requests [o replace the New Elk Mine bond may at the outset appear to border on "intentional conduct", the circumstances in this particular case suggest that Picketwire's failure to comply falls more in the category of "negligence". The Fault component of this assessment is therefore proposed at $500. Credit far Permittee's Good Faith Efforts in Achieving Compliance [Rule 5.04.5(3)(d)]: The Division may subtract up to $1250 of the penalty assessment if: (I) the person to whom the notice of violation or cessation order was issued took extraordinary measures to abate the violation; (2) that abatement was achieved in the shortest possible; and (3) that abatement was achieved before the expiration ofthe time fixed for abatement in the notice or order, or any modification thereof. This NOV has been abated and terminated. It is not, however, apparent a[ this time that Picketwire took extraordinary measures to abate the violation, or that abatement was achieved in [he shortest time possible. On the conrary, DMG approved three extensions to its deadlines for replacement bond submittal over a period of several months before taking enforcement action. A reduction in the amount of the proposed civil penalty assessment is therefore not proposed at this time. The Total Proposed Civil Penalty Assessment for this NOV is therefore proposed at $1000.