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Proposed Civil Penalty Assessment <br />Oakridge Energy Inc / The Carbon Junction Mine <br />NOV CV- 2013 -005 (issued May 23, 2013) <br />June 20, 2013 <br />Materials reviewed: NOV CV- 2013 -005; OSM Mine Site Evaluation Report (issued 5/20/13); DRMS <br />inspection report (issued 5/23/13). The permittee did not submit comments regarding the NOV. <br />History [Rule 5.04.5(3)(a)]: <br />No NOVs have been issued at this site within the last 12 months. <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 and /or administrative <br />requirements. This NOV was for written for violations 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) Excessive erosion appears to have occurred within post - mining re- constructed stream <br />channels. The potential for additional excessive erosion seems to have also been created. <br />(2) Actual impacts upon the public do not seem to have occurred. Actual impacts upon the <br />environment appear to be limited to areas affected by excessive erosion. The extent of the <br />actual, as well as the potential, erosion appears to be between "low" and "moderate ". <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 />The permittee should have ensured its reconstructed stream channels were constructed in <br />accordance with its permit, and that these channels were maintained so as to prevent excessive <br />erosion. As some of these issues were brought to the permittee's attention in August of 2012, the <br />permittee's failure to avoid non- compliance suggests a high degree of negligence. <br />The Fault component is therefore proposed to be set at $750. <br />Good Faith in Achieving Compliance [Rule 5.04.5(3)(d)]: <br />This NOV has yet to be terminated. <br />Good Faith Credit is not proposed at this time. <br />The Total Proposed Civil Penalty Assessment for this NOV is therefore set at $1250. <br />