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Richard D. Lamm <br />Gmarnor <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Getchea Executive Director <br />MINED LAND RECLAMATION DI\ <br />DAVID C. SHELTON, Dlnetor <br />MEMORANDUM <br />ro <br />FROM: <br />DATE: <br />RE: <br />File No. C-005-84 <br />Anne Baldrige <br />July 16, 1984 <br />Proposed Civil Penalty, NOY C-84-123 <br />NOV C-84-123 was written for disturbance outside of the approved disturbed <br />area. In the area of the Wolf Creek Pit, spoil was being cast into an area of <br />a drainage not previously approved for disturbance as shown on Exhibit 12-9 <br />and Profile B-B', Exhibit 12-9-B. The proposed civil penalty is as follows. <br />History -Rule 5.05.5(2)(x) <br />Peabody has received two violations during the past year, however, bath <br />are under administrative review. No penalty is being assessed for history. <br />History: $0.00 <br />Seriousness -Rule 5.04.5(2)(b) <br />Maximum total penalty for seriousness is $1,750.00. It is divided into <br />three categories each of which has a separate assessment as follows: <br />Probability of Damage Occurrence <br />The stream channel was completely blocked by spoil and by a road <br />f1np+/a,.b constructed from the drainage to the active pit. The elevation of <br />~j/~&~ d topsoillhadbbeenmsalvagedninathis~area ofuthen~alleydbottomnedAtfthe <br />present time this drainage empties into a closed basin. ~a~l <br />rec-lamation--w.il-1_reestabl-is'~*h~° ~+~ ~ `- ~+ ;n into l;tr~a <br />f~ The probability of damage is moderate. <br />dal"++ralion o-F fill mQ1-erirx~ <br />2. Duration of Damage <br />The disturbance was recent and cessation of this disturbance was <br />required by the NOV. There will be long-term effects of this <br />disturbance. The channel has been disturbed. The channel bottom has <br />been raised. A significant amount of material (estimated at 2000 <br />yd3) has been side cast into the drainage making it virtually <br />impossible to reclaim to original contours. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />