ENFORCE29948

• Permit No: C1981025
• IBM Index Class Name: Enforcement
• Doc Date: 1/10/1983
• Doc Name: NOTICE OF PROPOSED AMOUNT OF CIVIL PENALTY REQUEST FOR CONFERENCE
• Violation No.: CV1982069
• Media Type: D
• Archive: No

Rationale For Proposed Civil Penalty
N.O.V. Nu. 82-69 Snowmass Coal Co.
On December 9, 1982 the Division issued Notice of Violation No. 82-69 to
Snowmass Coal Co. for their North Thompson Creek Mine. The violation was
issued for failure to minimize disturbance to the hydrologic balance.
The operator failed to complete construction of tfie sediment pond below
the Refuse Area by the September 29, 1982 compliance date. The following
outlines the basis by which the proposed violation civil penalty was
assessed.
Procedures for assessing civil
the Regulations. The dollar ai
consideration of the following
5.04.5; 8) A review of letters
1982 and November 19, 1982; C)
inspectors and; D) A review of
Division.
penalties are outlined in Rule 5.04.5 of
nounts described below were arrived at with
items A) Regulations set forth in Rule
from Snowmass Coal Co. dated December 21,
Consultation with other MLRD staff
4 other similar violations issued oy the
Rule 5.U4.5([)(a) - History of Previous Violations:
Rule 5.04.5 requires that $50.00 be assessed for each previous violation
issued within the past 12 months. As no violations were issued in the
past year, no penalty was assessed in this category.
Rule 5.04.5(2)(bl - Seriousness of the Violation:
This Rule requires that the assessment be based on the followings
categories with a maximum penalty of $1,750.00.
1. Probability of Damage Occurring: Since the pond is not completed
to capacity and no spillways are present, the pond can contain 1.19
ac-ft of water. The 10 year - 24 hour rainfall volume is 1.67
ac -f t. From calculations provided by Snowmass (and Ponderosa
Engineers) the pond capacity might be exceeded by a 24 hour storm
with just over an inch of rain, a combination of smaller rainfall
events over several days, or equivalent snowmelt conditions.
Since Snovnnass has indicated tViat it is difficult to get equipment
to the site during wet conditions, it may also be difficult to
dewater the ponds by watertruck as the operator has suggested.
If the pond storaye volume is exceeded, the discharge would downcut
through the embankment since no spillways have been constructed.
I judge the probability of damage occurring as high over the next 6
months but not imminent.