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~ ~ III IIIIIIIIIIIIIIII <br />•`_ Western Assu~iareu weal uorp. <br />t. ~, Suite 2300 <br />410 Seventeenth Street <br />~® Western Denver, Colorado 80202 <br />~ (303) 825-19~66o g~j~ p'~ <br />February 23, 1982 , ,~ ~'~~~~~ 9...6 <br />FEB 23 13~i2 <br />Mr. David C. Shelton, Director <br />Mined i,and Re.cLamntion Division <br />Department of Natural Resources <br />423 Centennial Building <br />1313 Sherman Street <br />Denver, Colorado 80203 <br />Ucar Mr. Shelton: <br />r~11r!eG l.Ardil HE':Lt.rd ;T10N <br />Colo. p2P1. of P!atu;al Resources <br />I would like to thank you for continuing the assessment conference Eor <br />violations N.O.V. 81-43 and N.O.V. 81-44 to allow us an opportunity to analyze <br />Che assessments and present arguments f.or reduction. <br />As we argued during the assessment conference, we believe that we were <br />cited twice fur the same violation. Due to the poor direction of a contractor <br />on the l,rnpcr[y, material. w•as pushed into prcviouslY undisturbed areas in at <br />least three different locations. Earn though the amount of the material and <br />the extent of dtsturbancu was small, the lack of supervision to assure that <br />proper cllsposal of thr material was an offense subject to citation by your <br />inspector. l:c do bet levc [hat the separation into two violations has resulted <br />in mt additional $15~ being assessed ngatnat R1ue Ktbhon Coal Company and will <br />result In an addltton:cl $50 per violation it v(ola[ions were [o occur in the <br />future. 'I'bis dual citation also could result in a dutrrmina[ion that there <br />was a pattern of vlnlatlons at some point in the futun•. This could result <br />In serious conscqu+~nccs for the propurCv. <br />In the catc•gnry a•hcre thr seriousness of [he v.iulatinn is assessed, the <br />amount of [hr. asscssmrn[ is cle:rrlr Jcpendcnt upon the dcflnltion of 'damage . <br />Since this term is n M dcfinc•d to the regulations, it must be subject of inter- <br />pretation. In both N.n.\'. 81-43 and N.tt.V. 81-44, tlrc damage is defined as <br />vol;r.•CntLnn hcinY; destroyed. f( [hi.s is [hr dcf~initinn of damage, then nn <br />argument can be made chat iC did occur and a value of 4 must he assigned under <br />]a. Tf, hnwcvc•r, the value nl Chc plant life is limited to the control of <br />crros(on, Chen Che term damage could apply only to [hc harmful af:(ects of <br />cro.ion that would result from [hc plant lift being cnvcrod. Using Chis <br />definlCinn in both cases, lh nr mt n•~.sll;nmenC of a valor of 3 could apply if Chc <br />fnrmatl~n +~( rills is dainnl;r ,+r, (n IncC, tyro n value of :.' under Lc since :111 <br />areas where plant liir was +:nverrd nr~ within thu ticdimcut cunLn+l system on Che <br />site and any damage beyond this sediment control facility is unlikely to occur. <br />The ass 1.(;nment of points under both areas 2 (the duration of damage) and <br />3 (extent oC damage) are dependent upon [he def.ini[ion of damage. If the damage <br />is the covering of plant material, [he durntinn in both cases would be long <br />since there ore no plans to compound the dishurbance by trying to remove the <br />m•a[erinL which was misplaced. The intent is to revegeta[e the areas to minimize <br />