INSPEC36951

• Permit No: C1981034
• IBM Index Class Name: Inspection
• Doc Date: 8/17/1983
• Doc Name: ASSESSMENT OF CIVIL PENALTY FOR NOV 82-26
• From: MLRD
• To: DAN MATHEWS
• Media Type: D
• Archive: No

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R 4 Hard D. Lamm
Governor

DEPARTMENT OF NATURAL RESOURCES
D Mome Pascoe. Exec uu ve Duen or
MINED LAND RECLAMATION DI
DAVID C. SHELTON, Director
III III III III I'll III
T0: File C-034-81; Red Canyon Mine
FROM: Dan Mathews ~~~ -
RE: Assessment of Ctv11 Pena ty for NOV 82 26
DATE: August 17, 1983
Rationale for Proposed Amount of Civil Penalty
Nature of Violation:
Failure to properly maintain the east undisturbed diversion portion of
the sediment control system so as to;
1) prevent, to the extent possible, additional contributions of
sediment to runoff outside the permit area, and 2) minimize
erosion to the extent possible.
Inspector: Dan Mathews
Rationale
4.U4.5(2)(a) - History of violations ($50.00/violation, $1,750.00
maximum).
ked Canyon has had no violations in the past year. $O.OU is assessed for
history.
5.04.5(2)(b) - Seriousness of violation ($1,750.00 maximum). The
seriousness component is based on the probability of damage occurrence
and the duration and extent of damage.
Uamage, in the form of disturbed flows overtopping the diversion ditch
and potentially causing erosion and sediment pond discharge in excess of
NPDES standards did not occur.
Based on site conditions at Red Canyon and the relatively small drainage
area affected, the Division concludes that damage is possible, but not
likely (value of 2).
Since environmental damage did not occur, duration and extent of damage
do not apply (value of 1).
The total penalty assessed for seriousness is $55.00.
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. [phone]