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Proposed Civil Penalty Assessment Seneca Coal Company/The Yoast Mine NOV CV-2003-008 August 15, 2003 Materials reviewed: DMG Inspection Forms (4/27/03; 7/15/03); DMG NOV Form (7/21/03); DMG photographs (7/24/03; 8/12/03); Permitee's "Drawing No. 1 Pond 12 Slide". Comments from the permittee were not submitted. History [Rule 5.04.5(3)(a)]: Two NOV s (CV-2003-006 and CV 2003-007) have been issued to this mine within the 12 month period preceding the issuance date (7/21/03) of this NOV. They have yet to exhaust their respective appeal periods. 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 to $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 (1) the probability of the occurrence of the event which a violated standazd is designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of azea and impact on the public or environment. (1) This NOV was written for the permittee's failure to comply with an approved slide repair plan. The slide had been first noted in March 2000. (2) The extent of the slide is approximately 3.1 acres. Its duration is approximately 3 %z years. The impact upon the environment appeazs moderate, but appears to have been contained entirely on-site. There appears to be have been no impact upon the public. 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 $1500. 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. The permittee's slide repay plan was approved on 10/03/2001. The permittee's failure to comply with the conditions of its permit thus appears to have been intentional. The Fault component is therefore proposed to be set at $1000. Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: This NOV has not yet been fully abated. Good faith credit is therefore not proposed at this time. The Total Proposed Civil Penally Assessment for this NOV is therefore set at $1750.