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Rationale For Proposed Civil Penalty <br />N.O.V. No. 82-69 Snowmass Coal Co. <br />On December 9, 1982 the Division issued Notice of Violation No. 82-69 to <br />Snowmass Coal Co. for their North Thompson Creek Mine. The violation was <br />issued for failure to minimize disturbance to the hydrologic balance. <br />The operator failed to complete construction of the sediment pond below <br />the Refuse Area by the September 29, 1982 compliance date. The following <br />outlines the basis by which the proposed violation civil penalty was <br />assessed. <br />Procedures for assessing civil <br />the Regulations. The dollar ai <br />consideration of the following <br />5.04.5; 8) A review of letters <br />1982 and November 19, 1982; C) <br />inspectors and; D) A review of <br />Division. <br />penalties are outlined in Rule 5.04.5 of <br />nounts described below were arrived at with <br />items A) Regulations set forth in Rule <br />from Snowrnass Coal Co. dated December 21, <br />Consultation with other MLRD staff <br />4 other similar violations issued by the <br />Rule 5.U4.5(2)(a) - Historv of Previous Violations: <br />Rule 5.04.5 requires that $50.00 be assessed for each previous violation <br />issued within the past 12 months. As no violations were issued in the <br />past year, no penalty was assessed in this category. <br />Rule 5.04.5(2)(b) - Seriousness of the Violation: <br />This Rule requires that the assessment be based on the following 3 <br />categories with a maximum penalty of $1,750.00. <br />1. Probability of Damage Occurring: Since the pond is not completed <br />to capacity and no spillways are present, the pond can contain 1.19 <br />ac-ft of water. The 10 year - 24 (lour rainfall volume is 1.67 <br />ac -f t. From calculations provided by Snowmass (and Ponderosa <br />Engineers) the pond capacity might be exceeded by a 24 hour storm <br />with just over an inch of rain, a combination of smaller rainfall <br />events over several days, or equivalent snowmelt conditions. <br />Since Snowmass has indicated that it is difficult to get equipment <br />to the site during wet conditions, it may also be difficult to <br />dewater the ponds by watertruck as the operator has suggested. <br />If the pond storaye volume is exceeded, the discharge would downcut <br />through the embankment since no spillways have been constructed. <br />I judge the probability of damage occurring as high over the next 6 <br />months but not imminent. <br />