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Proposed Civil Penalty Assessment Seneca Coal Company /The Seneca II-W Mine NOV CV-2007-002 June 8, 2007 Information reviewed: DBMS Inspection Report (4/25/07); NOV (5/5/07); SCC letter and map to DBMS (5/22/07); NOV Modification (5/30/07); NOV Extension (5/30/07); memo from S. Brown to D. Berry (6/t/07); letter from DBMS to SCC (6/4/07). History [Rule 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 at $0. Seriousness [Rule 5.04.5(3)(b)]: The Seriousness component of a proposed assessment may range from $0 [o $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 (I) the probability of the occurrence of the event which a violated standard is designed [o 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) Run-off from snowmelt was not properly controlled, leading to the occurrence of events that state law and MLRB regulations are designed to prevent. (2) The violations cited were first observed by DRMS staff on Apri125 2007; they have yet to be fully abated. Impact to the public and the environment appears limited to the damage having occurred on private land. Extent appears limited to the area from the head of the gully at the ou[slope of the light use road to the downstream toe of the sediment delta, measuring 110-125 feet in length and 3-25 feet in width. As these events occurred within an area approved for "minimal disturbance", the scouring beyond the toe of the delta is not included in the extent. The Seriousness component of this assessment is therefore proposed to be set at $750. Fault [Rule 5.04.5(3)(c)]: The fault component of a proposed civil penalty assessment may range from $0 to $ t 500. 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. These events appears to be the result of a low level of negligence. The Fault component is therefore proposed to be set at $250. Good Failh in Achieving Compliance [Rule 5.04.5(3)(d)]: The NOV has not yet been fully abated. Good faith credit is therefore not proposed. The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $1000.