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Proposed Civil Penalty Assessment <br />Bowie Resources, LLC/ The Bowie No. 1 Mine <br />NOV CV-2009-001 <br />March 26, 2009 <br />Materials reviewed: DRMS Inspection Reports (2/25/09; 3/17/09); DRMS NOV CV-2009-001 (2/27/09); <br />Permittee e-mail (3/10/09); Permittee e-mail containing 5 photographs of abatement measures (3/15/09). <br />History [Rule 5.04.5(3)(a)]: <br />No NOVs have been issued at this mine during the 12 months preceding the issuance of this NOV. <br />The History component is therefore proposed to be set at $0. <br />Seriousness [Rule 5.04.5(3)(b)]: <br />The Seriousness component of a proposed assessment may range from $0 to $1750. The amount <br />proposed depends upon whether the violation was one of performance requirements or of <br />administrative requirements. This NOV was written for a violation of performance requirements. <br />In the case of a violation of performance requirements, the amount to be assessed for Seriousness <br />depends upon (1) the probability of the occurrence of the event which a violated standard is <br />designed to prevent, and (2) the duration and extent of the potential or actual damage in terms of <br />area and impact on the public or environment. <br />(1) An event (siltation beyond the disturbed area boundary) that the law and rules are designed to <br />prevent did in fact occur. <br />(2) Extent of "damage" is approximately 500 feet by 5 feet (the length and width of the SG Road <br />ditch that received the sediment). Duration appears to be two days (from estimated date of <br />precipitation event to date of inspection). Impacts to public and environment appear low. <br />The Seriousness component of this assessment is therefore proposed to be set at $500 <br />Fault [Rule 5.04.5(3)(c)]: <br />The fault component of a proposed civil penalty assessment may range from $0 to $1500. <br />Assessments of "unavoidable" violations may range from $0 to $250. Assessments for violations <br />that were the result of "negligence" may range from $250 to $750. Assessments for violations that <br />resulted from "intentional conduct" may range from $750 to $1500. <br />Failure to have maintained the unpaved section of the East Mine Haul Road that appears to be the <br />source of the sediment cited in the NOV appears to be the result of a moderate level of negligence. <br />The Fault component is therefore proposed to be set at $500. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />According to the lead EPS for this mine, abatement of the NOV occurred three days ahead of the <br />deadline established in the NOV. The permittee utilized the services of a contract employee to <br />accomplish the abatement. This contract employee was taken off of a project at another BRL <br />mine. The permittee provided a design drawing and photos to the EPS upon abating the NOV. <br />Good faith credit is warranted, and is proposed in the amount of $750. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $250.