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Richard D. Lamm <br />Governor <br />III IIIIIIIIIIIIIIII <br />DEPARTMENT OF NATURAL RESOURCES <br />Davitl H. Getches, Executive Director <br />MINED LAND RECLAMATION DI\ <br />DAVID C. SNELTON, Director <br />DATE: November 29, 1984 <br />T0: American Fuels Enforcement File <br />FROM: Susan Mowry C~,®1.~~ <br />RE: Proposed Civil Penalty, NOV C-84-165 <br />This NOV was issued for failure to maintain a collection ditch. <br />History - Four NOV's have been issued to American Fuels, Inc. in the past 12 <br />months - $200.00 <br />Seriousness: Damage is likely to occur. Washed down soil was deposited <br />immediately below the collection ditch and runoff was contained <br />in old basins or depressions in the land surface within the <br />permit area. These old basins and depressions are a result ;f <br />previous historic mining activities in the area. It will be <br />difficult to regain this soil material. Therefore, the <br />Division believes that some damage is likely to occur. The <br />duration of damage is short. The operator cleaned the ditch <br />during the last half of August, 1984. The ditch was noted as <br />being in good condition in September 1984. Therefore, the <br />duration is believed to be short. The extend of damage is <br />believed to be slight, due to previous disturbances of the <br />site, and containment of runoff within the site. Small amount <br />of topsoil will not be able to be recovered from where it was <br />deposited below the stockpile. <br />Total for seriousness: $164.00 <br />Fault - American Fuels, Inc. has become less diligent in their maintenance <br />of these ditches. It is apparent that a large precipitation event <br />was responsible for the ditch becoming filled and breaching. <br />However the operator should have been more knowledgeable of the <br />potential for problems occurring with the ditches due to past <br />experience. They should have been more diligent in monitoring the <br />condition of the ditches and rectifying any problems as soon as <br />possible. - $250.00 <br />TOTAL $614.00 <br />/fw <br />Doc. No 5689 <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />