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Richartl D. Lamm <br />Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Getches, Executive Director <br />MINED LAND RECLAMATION DI\ <br />DAVID C. SHELTON, Director <br />DATE: April 29, 1985 <br />T0: Mt. Gunnison No. 1 Mine - Enforcement File <br />FROM: Susan Mowry <br />RE: Proposed Civil Penalty NOV C-85-027 <br />This NOV was issued following my inspection of March 27, 1985. During that <br />inspection I noted that most of the drainage from the portal bench was being <br />handled in an inappropriate manner. I also noted that one culvert was not <br />passing all the flow in the ditch above it. Some flow was overtapping the <br />ditch embankment and was flowing into an adjacent undisturbed area. <br />HISTORY - No penalty is assessed for history. - $0 <br />SERIOUSNESS - This portion of the civil penalty is assessed on three <br />factors: 1) Probability of damage occurrence, 2) Duration of <br />damage, and 3) Extent of damage. Runoff from the portal bench <br />had caused some erosion on the bench outslope. Water <br />overtapping the ditch at the clogged culvert was carrying <br />sediment into an undisturbed area. Therefore, the Division <br />believes that damage is likely to occur. The culvert is <br />believed to have been clogged for only a short time. The <br />portal bench drainage problem has been somewhat of a chronic <br />problem over the past few years. The extent of damage is <br />unknown. Therefore, a medium penalty is assessed for <br />seriousness - $875.00 <br />FAULT - Drainage problems relating to other clogged culverts and the portal <br />bench have been noted during past inspections. The Division, <br />therefore, believes that the operator exhibited a moderate degree of <br />negligence. - $500.00 <br />Total $1,375.00 <br />/fw <br />Doc. No. 9896E <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />iii iiiiiiiiiiiuiii <br />999 <br />