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STATE OF COLORADO RiC HARDD LAMM Go~ DEPARTMENT OFNATURAL RESOURCES D. Monte Pescoe, Executive Director MINED LAND RECLAMATION 423 Centennial Building. 1313 Sherman Street Denver, Colorado 60203 Tel. (303) 866-3s67 David C. Shelton Director page 3 This results in an assessment of 4/64 x $1,750 or $1109 for seriousness. 4. Fault - This violation occurred as the result of a lack of dilligence by the operator, thus falls into the category of negligence. The operator was given ample time to Forrect the problem, which was firs[ noted in April of 1981. In April, the operator was given notice to submit a timetable for completion of the pond or the Division would impose a deadline. In May, the Division imposed a deadline of June 29, 1981. In June, the operator was again warned to complete the pond, and in July a notice of violation was issued. All during this period of time absolutely no changes were made on the sediment pond. Since the operator was given ample time to complete the pond, a civil penalty of $750 for negligence is assessed. This brings the total assessment to: $750 for negligence $109 for seriousness $150 for history of previous violations $1009 TOTAL Rounded to $1,000 Notice of Violation 81-36 This violation was issued for failure to construct splash pans on the mine N3 conveyor where it parallels North Thompson Creek prior to conveying coal or coal mine development waste, as stipulated in the approval plan. Probability of damage occurrence - Damage to the enviornment is likely to occur since the conveyor is close to North Thompson Creek and coal lines from the conveyor would fall such that they would be washed directly into the stream during a rainstorm. Therefore, a value of 3 is assigned. 2. Duration of damage As long as the conveyor system is not run after this violation and until the splash pans have been installed, the duration should be short since very few coal F nes were observed below the conveyor. Thus, a value of 2 is assigned.