_ENFORCEMENT - C1981017 ‎(2)‎

• Permit No: C1981017
• IBM Index Class Name: Enforcement
• Doc Name: Bid Documents ‎(IMP)‎ CV-90-014
• Violation No.: C-90-014
• Media Type: D
• Archive: No

STATE OF COLORADO
MINED LAND RECLAMATION DIVISION
Department of Natural Resources
1313 Sherman St, Room 215
Denver,CO 80203
303 866-3567 * 76
FAX [phone] /g�6
Roy Romer,
June 5, 1990 Governor
Fred R Banta,
Division Director
TO: Jim Stevens, Assessment Officer
FROM: Mike Savage AlV>
RE: Proposed assessments for Mid-Continent Resources NOV's C-90-014 and
C-90-015
Jim, I would like to provide a small amount of background which may assist you
in your deliberations on proposed civil penalty amounts for the above two
violations.
NOV C-90-014
This violation was issued for failure to maintain a haul road culvert (D-2).
The culvert had ruptured (due to rusting according to Lew Thompson) and haul
road drainage was running out through the bottom of the CMP and missing the
drop structure down the haul road embankment outslope. Due to this misguided
water a section of the outside of the haul road had been eroded away and some
erosion was occuring down the road outslope.
HISTORY
MCR has received 5 NOV 'S and 1 CO in the last calendar year which have
completed the appeal process.
SERIOUSNESS
This was a performance standard violation. In this case, an event occured and
resulted in some damage to the environment. It appears that there was no
environmental damage off-site. The duration of the event causing the damage
can at best be speculated on, however judging from the erosion on the outslope
this condition must have existed for some time judged in weeks or months. The
extent of the damage caused by the event, I feel to be moderate since not only
was there damage to the outslope of the road in terms of erosion but also
damage to the haul road and its integrity due to erosion.
FAULT
I feel that this violation was caused by a lack of diligence on the part of
the operator. That the operator was aware of the problem at this site (in
terms of road erosion) was evidenced by warning markers at the site of the
road edge failure. However, no measures were taken prior to the inspection to
correct the source of the problem, ie. the leaking culvert. The level of
negligence, I feel to be moderate.