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The proposed civil penalty for C-96-006 and C-96-011 were: <br />History $100.00 $50.00 <br />Seriousness $750.00 $1250.00 <br />Fault $750.00 $750.00 <br />Good Faith $0.00 $0.00 <br />Total $1600.00 $2050.00 <br />Historv <br />Colowyo has reccived two NOV's during Ute past twelve months. <br />Seriousness <br />1 agree with the statement in the proposed penalty for NOV C-96-006. It appears that pumping <br />of the pond diminished dcsigncd capacity of the pond to contain or treat disturbed area runoff. <br />This was evidenced by the poor quality water discharging from the pond. <br />At the time of Ms. Crosby's inspection it was only about 1 gpm leaking from the outlet of the <br />headgate culvert pipe. Earlier in March, water was discharging over the primary spillway. No <br />water quality samples were taken. Colowyo opened the headgate but closed it the next day, <br />apparently due to the poor quality water. For purposes of this NOV I will estimate that water <br />was discharging at a rate of 1 gpm from Ute East Taylor Creek pond from the beginning of <br />March until Colowyo discorrtinued pit pumping, approximately April 1. <br />It is unknown what the water quality was when the primary spillway and headgate were <br />discharging earlier in March, but since pumping was occurring I will conclude it was of similar <br />quality as the sample. <br />For purposes of this NOV I am assessing $1,000.00. I estimate the duration of the discharge <br />was approximately 1 month which I consider significant for a poor quality discharge. The extent <br />was small due to low volume. Had the volume of discharge been greater, I would have <br />considered it severe. <br />Fault <br />Colowyo was pumping poor quality water from the pit. No records were kept of the volume of <br />water being pumped. When the water ran over the primary spillway March 5, 1996, no samples <br />were obtained. The headgate was opened and shut the next day, apparently due to the poor <br />quality water, but no samples were taken. It was not until March 18, 1996 that water quality <br />samples were obtained. Colowyo was apparently aware of the poor quality water and continued <br />pumping into the pond. This set of circumstances: lack of pumping volume data, lack of water <br />quality sample during a discharge from Ute primary spillway and continued pumping given the <br />fact that the pond was leaking represents a high level of negligence. <br />3 <br />