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Richerd D. Lamm <br />Governor <br />iii iiiiiiiiuiu iii <br />999 <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Getchsa Executive Director <br />MINED LAND RECLAMATION <br />DAVID C. SNELTON, Dlnetor <br />October 11, 1984 <br />T0: American Fuels, Inc. enforcement file <br />FROM: Susan Mowry ~ ,!),~,w~ <br />RE: Proposed Civil Penalty, NOV C-84-157 <br />DIVISION <br />This NUV was issued for failure to maintain collection ditches. <br />History: Three violations have been issued in the past 12 months: <br />$150.00 <br />Seriousness: Damage is likely to occur. Washed down sediment was deposited <br />immediately below the collection ditches, and runoff was <br />contained in old basins or depressions in the land surface <br />within the permit area. These old basins and depressions are a <br />result of previous historic mining activities in the area. <br />Some soil material was washed below the stockpiles. It wll be <br />difficult to regain all this material. Therefore, the Division <br />believes that some damage is likely to occur. The duration of <br />damage is short. The operator cleaned the ditches during the <br />first two weeks of August, 1984. The filled ditches were noted <br />on August 14, 1984. Therefore, the duration is believed to be <br />short. The extent of damage is believed to be slight, due to <br />previous disturbances at the site, and containment of runoff <br />within the site. An extremely small amount of topsoil may not <br />be able to be recovered from where it was deposited below the <br />stockpile. <br />Total for seriousness: $164.00 <br />Fault -- The operator has been diligent in cleaning and maintaining the <br />collector ditches. It is apparent that a very large <br />precipitation event was solely responsible for the ditches <br />becoming filled and breaching. Therefore, this violation <br />occurred despite the exercise of reasonable care: $0.00 <br />$314.00 <br />/mad <br />Document No. 4669E <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30:1) 868-3587 <br />