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ROE COO? <br />NQ -~Qr~ 9o DEPARTMENT OF NATURAL RESOURCES <br />~ ~ ~ ~ /; * Dawd H. Getches. Executive Director <br />«.~ . <br />.,/ iVIINED LAi~D RE~LAIIAATIOiV Di` <br />1~~871 DAVID C. SHELTO N, Director <br />Richard D. Lamm <br />Governor <br />DATc: December 5, 1983 <br />T0: File No. CX-186-OU <br />FR0~4: Dan i4athews <br />RE: Assessment of Civil Penalty for IJOV 83-3U <br /> <br />Rationale for Proposed Ponount of Civil Penalty <br />iJature of Violation: <br />Non-compliance with approved exploration plan. <br />Inspector: Dan i4athews <br />Rationale <br />5.04.5(2)(9) - History of violations (~50.OU per violation, $1,750.00 <br />maximum). $0.00 (no violation in past year). <br />5.04.5(2)(b) - Seriousness of violation ($1,750.00 maximum). Tne <br />seriousness component is based on the probability of damage occurrence <br />and the duration and extent of damage. <br />Tiie NOV cited the operator for placing •,vaste material in an uncontrolled <br />manner, and for failing to construct Diversion Ditch D-1 and the sediment <br />pond spillv+ay. No enviroronental damage had occurred. <br />Given the circumstances, the Division concludes that damage would be <br />likely to occur (value of 3) since the sediment control system would not <br />function as required during a 10-year, 24-hour storrn event (due to lack <br />of undisturbed diversion and pond dewatering mechanism). Placement of <br />coal waste in the area directly above the sediment pond v+ould likely <br />result in increased sediment delivery to the pond. Continued production <br />of coal waste could potentially impact final reclamation. <br />Since no damage had occurred, duration and extent of damage do not apply <br />(value of 1). <br />The penalty assessed for seriousness is $80.00. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />iiiii iiuiii <br />