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<br />-2- <br />Rationale of Proposed Civil Penalty <br />N.O.V. No. 83-7; Mt. Gunnison No. 1 Mine <br />On March 4, 1983, Notice of Violation 83-7 was issued to West Elk Coal <br />Company for their Mt. Gunnison IJo. 1 Mine. The violation was issued for <br />failure to properly maintain the drainage and sediment control system at <br />the mine. <br />The penalty was assessed in accordance with the procedures set forth in <br />MLRD Rule 5.04.5. In arriving at an assessment, the following items were <br />considered: observations made during the mine inspection of February 16 <br />and 17, 1983; conversations with mine personnel; two letters from West <br />Elk Coal Co. received February 28, 1983 and March 28, 1983; a review of <br />similar past violations issued by MLRD; conversations with MLRD <br />personnel; and conversations with the Water (luality Control Division <br />(Colorado Department of Health). <br />Rule 5.04.5(2)(a) - Historv of Previous Violations: <br />This rule requires that $50.00 be assessed for each previous violation <br />issued within the past 11 months, up to a maximum of $1,750.00. As no <br />violations were issued to the operator during the past twelve months, no <br />penalty will be assessed in this category. <br />History Total: $ 0.00 <br />5.04.5(2)(b) - Seriousness of the Violation: <br />1. Probability of Damage Occurring - In this case, the probability of <br />damage is high. Water was seen breaching a ditch (at the clogged <br />cross-over culvert on the mine access road northwest of the breaker <br />house) and flowing over the hill toward the North Fork of the Gunnison <br />River. This water did not pass through a sediment control structure. No <br />water was flowing at the clogged waste rock pile culvert or at the <br />spillway channel adjacent to the breaker building. However, several <br />inches of snow covered much of the mine and temperatures were warm which <br />would make the potential for runoff high. <br />2. Uuration of Uamage - It could not be detennined flow long the <br />maintenance problem existed, nor how lony water breached the ditch along <br />the access road. <br />The following temperature date may indicate the duration of runoff at the <br />mine: <br />