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<br />R~cftard D. Lamm <br />Governor <br /> <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Getcftes. Ezecutive Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTON, Director <br />July 13, 1984 <br />Mr. Art Helbig <br />Yampa Mining Company <br />P.O. Box HH <br />Hayden, Colorado 81639 <br />RE: Proposed Civil Penalty - NOV C-84-117 <br />Dear Mr. Helbig: <br />This letter transmits the Division's proposal for the civil penalty assessment <br />for Notice of Violation (NOV) C-84-117 as well as the rationale for penalty <br />assessment. Please read the Notice of Proposed Amount of Civil Penalty form <br />carefully as it will inform you of your options at this time. If you have any <br />additional questions please do not hesitate to contact me. <br />The Division has received the letter of June 25, 1984 from Larry Jackson of <br />your staff Mr. Jackson suggests that given the fact that the undisturbed <br />drainage was contained on-site within the pit, that there is sufficient <br />justification for vacating the violation. Division personnel determined on <br />site, however, that the undisturbed drainage was actually flowing into the <br />permanent overburden pile collection ditch. The flow into the ditch and <br />resulting storage (due to gradient problems) impacts the capacity of the ditch <br />to transmit runoff from the pile, and could potentially result in breaching <br />and impact of off-site areas. <br />In any case, the NOV was written for failure to construct a diversion ditch <br />which was an approved part of the permit. The fact that the ditch was not <br />constructed was a violation regardless of the potential consequences. The <br />potential for environmental damage as a result of the violation is addressed <br />in the attached rationale for penalty assessment. <br />Again, if you have any further questions please contact me at the Division. <br />Sincerely, <br />Brian E. Munson <br />Senior Reclamation Specialist <br />BEM/pjh <br />Enclosure <br />Doc. No. 2672 <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866.3567 <br />• ~~~ I~~I~I~~~II~~ ~~~ <br />