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Richartl D. Lamm <br />Governor <br />DEPARTMENT OF NATURAL RESOURCES <br />Davin H. Getchea, Executive Director <br />MINED LAND RECLAMATION DI\ <br />DAVID C. SHELTON, Director <br />DATE: March 7, 1985 <br />T0: File No. C-056-82 (Enforcement File) <br />FROM: Dan Mathews /~~~ <br />RE: Proposed Civil Penalt,~Assessment <br />NOV C-85-012 <br />Nature of Violation <br />1. Failure to monitor and analyze water in accordance with approved plans <br />for mine water discharge from Foidel Creek Mine. <br />2. Failure to analyze and submit monitoring data required by stipulation <br />No. 4 to technical revision approval dated September 7, 1984. <br />History <br />Foidel Creek has had no NOVs in the past year. <br />History Total: $ 0.00 <br />Seriousness - maximum aenalty of 51,750.00 <br />Rule 5.04.5(2)(b)(ii) states that, in the case of an administrative <br />violation, the amount assessed for seriousness (up to $1,150.00) shall <br />be based upon the "extent to which enforcement was obstructed...". <br />With respect to Item 1 of the NOV, 16 paramteres are required to be <br />analyzed on a quarterly basis for mine water discharge. In the first <br />quarter of 1984, all required analyses were done. In the second <br />quarter, five required parameters (As, Hg, P03, Cd, Se, and Zn) were <br />not analyzed. In the third quarter, six required parameters were not <br />analyzed (As, Hg, P03, Cd, Se, and Zn). In the fourth quarter, no <br />required analyses were on file. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />