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ENFORCE36640
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ENFORCE36640
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Last modified
8/24/2016 7:45:55 PM
Creation date
11/21/2007 3:10:04 PM
Metadata
Fields
Template:
DRMS Permit Index
Permit No
C1981019
IBM Index Class Name
Enforcement
Doc Date
8/17/1993
Doc Name
PERMIT C-81-019 COLOWYO COAL CO NOV C-93-077 NOTICE OF PROPOSED AMOUNT OF CIVIL PENALTY COLOWYO RESP
From
COLOWYO COAL CO
To
DMG
Violation No.
CV1993077
Media Type
D
Archive
No
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failure to design the South Collection Ditch to the citations <br />in the NOV." <br />Therefore, it is apparent, through both Colowyo's and DMG's <br />independent investigations and calculations, that the rainfall <br />storm in question which caused the alleged violation of the <br />rules and regulations was in fact greater than what is <br />required to be designed for by those very same rules and <br />regulations. <br />B. Seriousness 2. <br />Excess erosion did occur in the many areas stated in this <br />first paragraph, but please realize that the areal extent and <br />impact of excess erosion from this storm also severely <br />effected surrounding areas which in no way Colowyo can be held <br />liable. Simply stated, excessive erosion occurred everywhere <br />in any area touched by this storm. This fact is documented by <br />text and by picture included in the June 15, 1993 Request for <br />Vacation and was further pointed out to DMG inspectors on <br />numerous occasions. Evidence of excessive erosion which <br />occurred in near by natural watersheds due in no way to any <br />fault of Colowyo, is to this day readily visible. To imply <br />that the excessive erosion which occurred is solely due to the <br />activities of Colowyo, is unjustified. <br />It is stated that the "Extent of damage has been documented by <br />photographs during inspections" and that "As such, extent <br />appears from photographs to be approximately 10 acres." <br />Colowyo contends that this entire statement is presumption, in <br />no way based on any verifiable fact or calculation, and as <br />such is inappropriate and unjustifiable to be used as an <br />allegation for extent of damage. <br />It is further erroneously stated "Duration appears to have <br />lasted a minimum of two days, as the operator stated that <br />rainfall began occurring on May 16, 1993 and that by May 18, <br />1993, it had stopped." Colowyo contends that it does not know <br />from whence this information was derived. Quite to the <br />contrary, DMG's inspection report dated May 8 1993 states in <br />part "A thunderstorm occurred last Saturday, May 16, 1993..." <br />which implies a single occurrence date. Additionally, as <br />detailed in Colowyo's June 2, 1993 Request for Vacation, Item <br />1., Measured Precipitation and Duration "severe rain and hail <br />storm with measured rainfall and duration of 1.0 inches of <br />precipitation in 15 minutes" and also "measured rainfall and <br />duration of 1.5 inches of precipitation in 25 minutes." <br />In light of the above mentioned facts and comments, Colowyo <br />contends that for the seriousness to be established as severe, <br />and the civil penalty amount set at $1,500, there is no proper <br />basis or justification. Seriousness should be drastically <br />reduced to low/moderate - $250.00. <br />
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