ENFORCE35887 - Laserfiche WebLink

Home Browse Search

STATE OF COLOFADO PiCNARDD to MM Gov DEPARTMENT OF NATURAL RESOURCES D. Monte Pascoe. Executive Director MINED LAND RECLAMATION 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 David C. Shelton Director page 2 Fault - Maximum Penalty is $1,500 Fault is divided into three separate units: 1) If the violation was unavoidable despite the exercise of reasonable care no assessment for fault will be made. 2) If a violation occurred because of negligence, i.e. due to indifference, lack of diligence, or lack of reasonable care, an assessment of at least $250 but not more than $750 will be made. 3) If a violation occurred because of reckless knowing or intentional conduct, an assessment of at least $750 but not more than $1,500 will be made. Using the above system, the following assessment for Notices of Violation 81-29 and 81-36 were made. Notice of Violation 81-29 This violation was for failure to construct the truck dump sediment pond at the loadout facility according to the approved plan. Probibility of damage occurrence - The operator failed to install a primary dewatering device and emergency spillway in the pond. The pond would contain the runoff from a 10-year 24-hour event, but any additional runoff could not be contained without overtopping. The probability of a storm greater than a 10-year 24-hour event occurring before proper dewatering devices are installed is low. Therefore, a value of 2 is assigned. 2. Duration of damage - The duration of damage would be short. In all probability any damage should not exceed 24 hours in duration. Therefore, a value of 2 is assigned. 3. Extent of damage Any damage that would occur would be from failure of the sediment pond. It is unlikely that a large amount of sediment would reach any perennial drainage because of the distance (approximately 0.25 miles), and vegetation filters. Extent would be slight, thus a value of 1 is assigned.