2008-09-29_ENFORCEMENT - C1981035

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After hearing this testimony and considering the evidence presented, I have come to the following conclusions: History A $0.00 penalty is appropriate for history. Seriousness I believe that a violation did occur and the seriousness component of the violation was properly assessed. Although the operator failed to follow their approved mine plan and clearly mined outside the boundaries set forth in that plan, no actual damage occurred as the result of those actions. However, evaluations of potential impacts are based on a review of the plan that is submitted and approved. Deviations from those approved plans could lead to damage that was not anticipated or properly evaluated. Therefore, the seriousness component shall stand as assessed at $250.00. Fault The operator knowingly mined outside of their approved mine plan area. This was clearly shown on the approved versus actual mine workings map. The operator did indicate that they felt that they were in the approved affected area, however, evaluations of possible impacts due to underground workings are based on specific plans that are reviewed and approved. Deviations from those approved plans can lead to unanticipated impacts and any such change should be submitted as a revision to the approved permit application in order to fully evaluate those potential impacts. Therefore, the fault component shall stand as assessed at $500.00. Number of Days of Penalty Assessed I concur with 1 day. Good Faith The NOV has been fully abated as required by abatement steps 1 & 2 through the submittal and approval of TR-14. However, as this step was completed prior to the penalty assessment, good faith was already granted during that process. Therefore, no additional good faith reduction is warranted and original $250.00 will stand. Settlement Agreement Penalty History $0.00 Seriousness (moderate) $250.00 Fault (unavoidable) $500.00 Number of Days 1 Gnnrl Faith $_250.00 Total Penalty $500.00