2007-12-28_ENFORCEMENT - C1996083

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Proposed Civil Penalty Assessment Bowie Resources, LLC /The Bowie No. 2 Mine NOV CV-2007-006 December 28, 2007 Materials reviewed: DRMS Inspection Report (11/16/07); DRMS NOV (11/16/07); Memos from DBMS EPS Dudash to Hernandez (12/4/07; 12/10/07); E-mail from Dudash to Hernandez (12/12/07). 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 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 standard is designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of area and impact on the public or environment. (1) The events that the cited law, regulations, and permit sections were designed to prevent did in fact occur. Topsoil and underground development waste were placed beyond the permit area. (2) The duration of the violation was six days. The volume of topsoil disposed off-site was 240 cubic yards. The volume of underground development waste disposed off-site was 1686 cubic yards. The extent of the combined footprints of the topsoil pile and the underground development waste pile is estimated at 3000 sq ft. Failing to handle topsoil in accordance with state laws, regulations and approved plans can create problems in achieving the approved reclamation. Failing to dispose of underground development waste in accordance with applicable state laws and regulations can create significant environmental problems. The Seriousness component of this assessment is therefore proposed to be set at $1000. 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. [t appears at this time that this NOV was intentional. The Fault component is therefore proposed to be set at $1000. Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: NOV Abatement Step No. l has been abated. NOV Abatement Step No. 2 has not yet been abated. Good faith credit is therefore not proposed at this time. The Total Proposed Civil Penalty Assessment for this IYOV is therefore set at $2000.