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Proposed Civil Penalty Assessment <br />Bowie Resources, LLC / The Bowie No. 2 Mine / NOV CV- 2013 -004 <br />June 12, 2013 <br />Materials reviewed: NOV CV- 2013 -004; 5/9/13 DRMS insp report; 5/22/13 BRL Request for NOV <br />Vacation; 5/29/13 DBMS memo re Vacation Request; 6/4/13 Letter from Director Pineda to BRL Denying <br />NOV Vacation Request; 6/6/13 DRMS Request for Assessment of Civil Penalty (with attachments). <br />History [Rule 5.04.5(3)(a)]: <br />NOV CV- 2013 -001 was issued on 1/14/13 and terminated on 2/27/13. The Civil Penalty was paid <br />on 4/22/13. All associated appeal periods have passed. <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) Compaction of mine waste prevents spontaneous combustion, and, along with proper surface <br />water management, ensures stability of waste disposal structures. Neither combustion nor <br />structural failure occurred; however, some potential for their occurrence appears to exist. <br />(2) No impacts to the public or the environment occurred; however, as two irrigation canals, a <br />public road, an occupied dwelling and a perennial river exist downhill of the cited area, the <br />extent of potential impacts upon the public and /or the environment seems moderately high. <br />The Seriousness component of this assessment is therefore proposed to be set at $750. <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 />DRMS is not unsympathetic to the mine's air permit needs. Such needs do not, however, allow <br />the violation of DRMS mine waste disposal requirements. As the mine's rate of waste production <br />exceeded the mine's rate of proper waste disposal, this violation appears intentional. <br />The Fault component is therefore proposed to be set at $1000. <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 $1800. <br />