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• iii iiiiiiiiiiiiiiii STATE OFCOLORADO RICRAR~~ LAMM, Governor DEPARTMENT OF NATURAL RESOURCES D. Monte Pascoe, Executive Director MINED LAND RECLAMATION 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 David C. Shelton Director January 4, 1982 TO: File No. C-047-8I - Blue Ribbon Mine FROM: Tom Gillis RE: Proposed Civil Penalty for N.O.V. No. 81-94 NOTE: N.O.V. 81-44 was issued on December 9, 1981. Notice of Proposed Civil Penalty must be complete by January 4, 1982. History of Previous Violations - 5.04.5(2)(a) For the Blue Ribbon mine, there have been 3 Notices of Violation issued to the operation during the calendar year previous to issuance of N.O.V. 81-44. These are N.O.V. numbers 81-17, 81-18, and 81-19, issued on May 20, 1981. Therefore, $150.00 was assessed for history of previous violations. Seriousness - 5.04.5 This section of the regulations considers two categories of violations; an event versus an obstruction. In the case of N.O.V. 81-44, placement of excess spoil material on the downslope of the mine bench constitutes an event in violation of the performance standard requirements of the Act. Since this violation is considered an event, 5.04.5(2)(b)(ii) was not considered in the assessment for seriousness. Up to $1,750.00 may be assessed for seriousness. For the purpose of this assessment, seriousness has been divided into three primary dategories: (1) Probability of damage occurrence, (2) Duration of damage, and (3) Extent of damage. Each component is assigned a value depending on the circumstances. The end assessment is arrived at by multiplying sIl values together, dividing by 64 (the maximum multiple value), then multiplying this fraction by $1,750.00. The values were assigned using the following procedure: 1. Probability of damage occurrence a. damage did occur Value of 4 b, damage is likely to occur Value of 3 c. damage is not likely to occur value of 2