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iii iiiiiiii~iii~ii <br />STATE OF COLORADO <br />DIVISION OF MINERALS AND GEOLOGY <br />Deparimem n( Nahiral Resources <br />1313 Sherman SL, Room 215 <br />Denver, Colorado 80203 <br />Phone. 13031 866-3567 <br />FAX: 130;1 83?8106 <br />DATE: February 13, 1997 <br />TO: Dave Berry /~ <br />FROM: Dan Mathews <br />RE: NOV C-97-001 Penalty Assessment <br />Roadside Mine (Permit No. C-81-041) <br />I~~'v <br />I <br />DEPARTMENT OF m <br />NATURAL <br />RESOURCES <br />Rny Rome. <br />Wvernor <br />lames 5 Lochhead <br />FKUlire Director <br />Michael B Lang <br />Division Director <br />Thank you for offering your penalty assessment services. Attached <br />are relevant sections of the inspection report, the NOV, and the <br />GJ Labs TSS analysis. <br />There have been two previous NOV's in the past 12 months. NOV C- <br />96-010 Was issued May 1, 1996, for "Failure to operate and maintain <br />facilities to treat underground mine water discharges to meet <br />effluent limits in the mine's CPDS permit", and applied to <br />Discharge Point 004. <br />NOV C-96-020 was issued December 3, 1996, for improper drainage <br />control on Refuse Area CRDA #2. <br />The immediate cause of the exceedant discharge was apparently due <br />to overflow of a sump within the mine. The overflow water flowed <br />to another sump, picking up fines along the way. Water was pumped <br />to the surface from the second sump, without adequate detention <br />time. It would appear that more vigilance by the operator could <br />have identified the problem and shut the pump off, or taken other <br />appropriate measures before I happened upon the scene. <br />The pump was shut down and the discharge ceased shortly after I <br />observed the discharge. I verified compliance with Abatement Step <br />#1 of the NOV on an inspection of February 4, 1997. On that date, <br />Discharge Point 004 was discharging water which was very clear. <br />The operator provided results of a sample he collected on January <br />16 (two days after the exceedant discharge was observed), which <br />indicated a TSS level of 36 mg/1. The operator indicated that the <br />pump had again been shut down after the sample was collected on <br />January 16 to allow for additional settling time, and that <br />subsequent discharges had been quite clear. <br />Due date for the proposed penalty assessment is February 21. <br />Thanks. <br />