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Fred R. Banta, Director August 10, 1990 <br /> MLRD, Denver, CO 80203 Page 10 <br /> On receiving the NoV, Mid-Continent placed hay bales around <br /> the topsoil pile as a temporary sediment control measure. As noted <br /> in the Justification for Settlement, "No actual damage was <br /> observed. There was a grass buffer zone that essentially treated <br /> the runoff before it hit a clear water diversion. " <br /> The creation of the topsoil pile should, we believe, be <br /> examined in the context of the larger effort then underway which <br /> involved preparation for an expansion of the Sutey refuse pile. <br /> Except for the issue of the hay bales, this large project was <br /> completed successfully with no violations. <br /> During the permitting review for expansion of the Sutey <br /> refuse pile, MLRD raised a number of questions, to which Mid- <br /> Continent responded. However, neither the agency nor Mid-Continent <br /> dealt with temporary or final sediment control measures. This <br /> amounted to an inadvertent permitting oversight that was <br /> immediately corrected without environmental harm. It does not <br /> constitute an unwarranted failure to comply with the law. <br /> CO C-89-019 (29-Jun-89) <br /> Contractor Damage to Outfall 016 Spill-pipe <br /> This Cessation Order was terminated on July 1, 1989. <br /> Civil Penalty (Proposed) <br /> History $100 <br /> Seriousness $1, 250 <br /> Fault $500 <br /> Good Faith -0- <br /> Subtotal $1, 850 <br /> X Two Days = $3,700 (Proposed) <br /> Board Determination <br /> This Cessation Order was the subject matter of a formal <br /> hearing before the Mined Land Reclamation Board. Following the <br /> presentation of Mid-Continent's evidence of the circumstances, the <br /> Board in part ordered, <br /> 2. The civil penalty shall be for one day of <br /> violation rather than two days. The amount <br />