ENFORCE22873

• Permit No: C1984065
• IBM Index Class Name: Enforcement
• Doc Date: 5/8/2000
• Doc Name: NOV C-94-017 & C-94-028
• From: DMG
• To: NCIG FINANCIAL INC
• Violation No.: CV1994028
• Media Type: D
• Archive: No

STATE OF COLORADO
DIVISION OF MINERALS AND GEOLOGY ~~
Department of Natural Resources
1313 Sherman SI.. Room ? 15
DIVISION OF
Denver, Colorado BO203
Phone: [phone] MINERAL S
FA%: [phone] &
GEOLOGY
REC LAMAiION
May 8, 2000 MINING•SAFEiY
Bill pwens
Governor
Rushton O. Backer Greg E. Walther
NCIG Financial, Inc. Executive Director
P.O. Box 5460 Michael B long
Div~s~on D~rMIOr
Playa del Rey, CA 90296
Re: Notices of Violation C-94-017 and C-94-028
Dear Mr. Rushton:
Thank you for your letter of May 1, 2000 regarding the payment of $1050 for the Division of
Minerals and Geology (DMG) civil penalty associated with Notice of Violation (NOV) C-94-028. I
have read your letter regarding your filing of this payment under protest, and provide this response.
NCIG's May 1, 2000 letter indicated that NCIG has no record of receiving NOV C-94-028. I have
provided for your records the following items:
1. Copy of DMG NOV C-94-028, issued by Ms. Erica Crosby of our office on 10/7/94 via
certified mail. The NOV was given certified mailing # P 296 608 092.
2. Copy (front and back) of the certified mailing receipt # P 296 608 092 attached to NOV 0-94-
028, indicating receipt of the NOV by a representative of NCIG on October 10, 1994. Our
office received the signed certified mailing receipt on October 17, 1994,
With regard to NCIG's question as to why Ms. Barbara Pavlik issued [o NOVs C-94-017 and 0-94-
028 so close to each other, it should be noted that NOV C-94-028 (the latter NOV) was actwtlly
issued by Ms. Erica Crosby.
A review of our records indicates that these two NOVs were issued for similar but separate
violations. The earlier NOV (C-94-O17) was issued on August 8, 1994 for NCIG personnel failing
to direct precipitation runoff from the mine's reclamation grading activities to a sedimentation
pond. This NOV was additionally written for NCIG personnel removing certain approved sediment
collection ditches, and for failing to clean out certain sediment control ditches that had filled in with
sediment. This NOV was terminated on August 29, 1994.
The latter NOV (C-94-028) was issued on October 7, 1994 for NCIG's personnel failing to repair a
breach of Sediment Collection Ditch #6, and for the resultant sediment-laden water flowing