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Proposed Civil Penalty Assessment <br />Bowie Resources, LLC / The Bowie No. 2 Mine <br />NOV CV- 2013 -001 <br />February 12, 2013 <br />Materials reviewed: NOV CV -2012 -004; 4/11/12 DRMS inspection report; DRMS 5/17/12 memo to file. <br />History [Rule 5.04.5(3)(a)]: <br />NOV CV -2012 -004 was issued to this mine on May 2, 2012. <br />The History component is therefore proposed to be set at $50. <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) The statutes and rules are designed to ensure that surface coal mining operations are not <br />conducted until permitted and bonded, and to ensure topsoil is appropriately salvaged. The <br />events that the rules are designed to prevent did in fact occur. <br />(2) Neither actual nor potential damage to the public appears to have occurred. Actual damage to <br />the environment seems limited to the permittee's failure to appropriately salvage topsoil. <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 />It appears this NOV was the result of miscommunication between the permittee and its <br />construction personnel. This appears to be a moderate degree 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 />This NOV has not yet been terminated. <br />Good faith credit is therefore not proposed at this time. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $1050. <br />