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<br />Richartl D. Lamm <br />Governor <br />iiiiiiiiiiiiiiuiii <br />DEPARTMENTOF NATURAL RESOURCES <br />Devitl H. Getchea Executive Director <br />MINED LAND RECLAMATION DI\ <br />DAVID C. SNELTON, Diroctor <br />DATE: Apr11 3, 1984 <br />I <br />T0: Trinidad Basin Mine Enforcement Action File, C-048-81 <br />FROM: N.S. Savage ~evO,G~ <br />RE: Proposed Civ11 Penalty Assessments for NOV's CV-84-027, CV-84-028, <br />CV-84-029, and CV-84-030 <br />The proposed civil penalties contained 1n this memorandum are based on the <br />criteria found in Rule 5.04.5, System for Assessing Civ11 Penalties, and the <br />Nined Land Reclamation memorandum of September 4, 1981, System for Assessment <br />of Civil Penalties. In this memorandum civil penalties will be assessed for <br />each notice of violation cited above. <br />Notice of Violation CV-84-027 <br />This notice of violation was written for failure to maintain sediment <br />pond 15-PB by not procuring and installing a screw cap on the principle <br />dewatering device as provided for 1n the approved design. This violation was <br />also written for not maintaining the culvert installed under the road to <br />Pit No. 4 at the ,unction with the county road. <br />Hlstorv <br />The permlttee has received two previous violations which are not <br />currently under administrative review in the preceding calendar year. <br />These violations were NOV's 83-31 and 83-32. The Division must assess a <br />history component of 550.00 for each violation. <br />History Total: <br />II <br />Seriousness <br />S 100.00 <br />The Division views this violation as a non-compliance with the <br />appropriate performance standards. Additionally, this has been an <br />ongoing problem noted in the field which the operator has been aware of <br />in the past. During the Division Inspection of January 11, 1984 the <br />operator was instructed to replace the cap on this particular pond. The <br />operator asked for and received an extension of the deadline to <br />February 28, 1984. Nhen, during the March 9, 1984 inspection it was <br />found that the screw cap had not been placed as directed the Division <br />took this enforcement action. <br />There are three components to the seriousness portion of the violation. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30z) 866-3567 <br />