Laserfiche WebLink
STATE OF COLORADO III IIII IIIIIIIII III <br />' Roy Romer, Gowmor gs9 <br />DEPARTMENT OF NATURAL RESOURCES <br />DIVISION OF WILDLIFE <br />J~m~~ B. Rueh, Dlr~ctor <br />9080 Bro~dw~y <br />psnwr, Colorado 80218 <br />T~I~phon~: (303) 297-1192 <br />Mr. Dave Stout <br />Environmental Coordinator <br />Wyoming Fuel Company <br />12055 6J. 2nd Place <br />P. 0. Box 15596 <br />Lakewood, CO 80228 <br />illoieazr <br />YFfF4 10 <br />7 <br />' F ~^ n~is <br />Apri 1 4, 1988 ,~`'i ~~ ~~-~ ~ ~- <br />u~~ ~ ~~~a <br />... <br />RE: Civil Claim for value of wildlife unlawfully taken pursuant <br />to Section 33-6-110, C.R.S. <br />Dear Mr. Stout: <br />It has been brought to my attention that unauthorized operations at your <br />Golden Eagle Mine have caused a substantial fish kill in the Purgatoire <br />River. More specifically, on or about March 5, 1988, the Division of 6ildlife <br />received a report of dead fish below the Golden Eagle Mine. The Division's <br />investigation determined that the kill had resulted from the discharge <br />by the mine of a coagulant called Nalco 8852. Although only an approximate <br />850 dead fish were actually counted, computer analysis of electrofish samples <br />taken during the investigation demonstrate that at least 2,048 game fish <br />(primarily brown trout, dace, and a few rainbow) were killed within the <br />two mile stream segment below the mine. <br />Section 33-6-110 of the Colorado Revised Statutes (1984) authorize the <br />Division of Wildlife to recover the value of wildlife taken in violation <br />of the wildlife statutes and regulations and establishes the minimum value <br />of a name fish to be 535.00 each. Subsection (2) of the statute prohibits <br />a verdict in an amount less than that fixed by statute (i.e., 535.00 per <br />fish). I have attached a copy of Section 33-6-11G, together with the statu- <br />tory definition of "taking". The game fish killed are considered to have <br />been taken in violation of applicable laws because they were not taken <br />by an authorized method of take and because the taking resulted from an <br />unauthorized discharge of a toxic pollutant. <br />The total minimum value of the fish killed is statutorily assessed as <br />follows: <br />2,048 game fish @ 535.00 = 571,680.00 <br />DEPARTMENT OF NATURAL RESOURCES, Dennis Donaltl, Acting Executive Director <br />WILDLIFE COMMISSION, Rebecca L. Frank Chairman . George VanDenBerg, Vice Chairman • Robert L. Freidenberger, Secretary <br />_Idon W. Cooper. Member .'William R. Hogberg, Memoer . Dennis Luttrell, Member . Gene fl Peterson, Member . Larry M. Wright, Member <br />