ENFORCE26142

• Permit No: C1980005
• IBM Index Class Name: Enforcement
• Doc Date: 6/8/1984
• Doc Name: NOTICE OF PROPOSED AMOUNT OF CIVIL PENALTY REQUEST FOR CONFERENCE
• Violation No.: CV1984074
• Media Type: D
• Archive: No

DEPARTMENT OF NATURAL RESOURCES
DaviO H. Getchsq EMacutHS Dlrsctor
MINED LAND RECLAMATION DIVISION
DAVID C. SHELTON, Dirrctor
gichera D. Lamm
Governor
T0: File No. C-005-80
FROM: Sandra L. Emrich
DATE: June 8, 1984
RE: Proposed Civil Penalty, NOV C-84-74
NOV C-84-74 was written for failure to maintain haul road to minimize
siltation and erosion to the prevailing hydrologic balance. Material from the
haul road was pushed over the embankment into a undisturbed area diversion
ditch and covered the revegetated embankment outslope. The road ditch and
berm were breached. The civil penalty is proposed as follows.
History -Rule 5.04.5 (2)(a)
Peabody has not received any violations during the past year. Therefore, no
civil penalty is proposed.
History: $ 0.00
Seriousness -Rule 5.04.5 (2)(b)
Maximum penalty for seriousness is ;1,750.00. It is divided into three
categorizes as follows.
1. Probability of Damage Occurrence
The haul road ditch and berm were breached causing gullying on the
embankment, haul road material was deposited on the revegetated slope
embankment and material was in the diversion ditch which bypassed the
sediment pond. Therefore, damage did occur.
Q.~l.,lio.i f {jc'b..} 04 rr',+...,+; .~. or 19c.tue.a
2. he dis urbance was recent and should be repaired in a short time.
Therefore the duration is short. `~~,
3. Extent of damage
The damage covered approximately one-half acre and concentrated on the
curve of the haul road. There is the potential for increased total
dissolved solid contribution to the undisturbed drainage if the
condition persists. `1t~• coea...d.
Seriousness is considered small to moderate and the civil penalty is proposed
at $500.00. ~~ ~ ~~
Seriousness: $ 500.00
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. [phone]