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• <br />• III IIIIIIIIIIIIIIII~ <br />999 <br />DEPARTMENT OF NATURAL RESOURCES <br />Dav~tl N. GetcheA Executive Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHEL70N, Dlroctor <br />Richard D. Lamm <br />Governor <br />DATE: July 3, 1984 <br />T0: Marr Strip Mine En~f(orcement Action File, C-006-80 <br />FROM: C.M. Thompson Cd\` <br />RE: Proposed Civil Penalty Assessment for NOV C-84-112 <br />The proposed civil penalties contained in this memorandum are based on the <br />criteria found in Rule 5.04.5, and the Mined Land Reclamation Division <br />memorandum of September 4, 1981, System for Assessment of Civil Penalties. In <br />this memorandum civil penalties will be assessed for each notice of violation <br />cited above. <br />Notice of Violation C-84-112 <br />This notice of violation was written for failure of the operator to stabilize <br />and protect all surface areas, including spoil piles, to effectively control <br />erosion and water pollution. Sediment eroding from the temporary overburden <br />stockpile washed over approximately 1.5 acres of undisturbed land resulting in <br />contamination of undisturbed topsoil. <br />I. History <br />The permittee has received no previous violations in the calendar year. The <br />Division must assess a history component of $50.00 for each previous violation <br />during the calendar year. <br />II. Seriousness <br />History Total $ -0- <br />The Division views this violation as a non-compliance with the appropriate <br />performance standards. <br />There are three components to the seriousness portion of the violation. <br />1. Probability of Damage Occurrence <br />The Division believes that damage did occur as a result of the failure <br />of the operator to divert disturbed runoff from undisturbed areas. The <br />Division therefore assesses a value of 4. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30:x) 866-3567 <br />