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CO�0 DEPARTMENT OF NATURAL RESOURCES <br /> 9 D Monte Pascoe,Executive Director <br /> �Q 0' <br /> MINED LAND RECLAMATION DIVISION <br /> DAVID C.SHELTON Director <br /> 1876 <br /> Richard D Lamm <br /> Governor <br /> DATE: May 3, 1983 ` <br /> TO: File C-017-81 ; Coal Basin Mines <br /> FROM: Dan Mathews -& <br /> RE: Assessment of Civil Penalty for NOV 82-26 <br /> Rationale for Proposed Amount of Civil Penalty <br /> Notice of Violation No. 83-13 <br /> Nature of Violation: Failure to prevent, to the extent possible, <br /> additional contributions of suspended solids to stream flow. <br /> Specifically, failure to maintain the sediment control system so as to <br /> provide acceptable detention time. <br /> Inspector: Dan Mathews <br /> Rationale <br /> 5.04.5(2) (a) - History of violations ($50.00/violation; $1,750.00 <br /> maximum) . <br /> Mid Continent Resources has had one previous violation in the past year. <br /> $50.00 is assessed for history. It <br /> 5.04.5(2) (b) - Seriousness of violation ($1, 750.00 maximum) . The <br /> seriousness component is based on the probability of damage occurrence <br /> and the duration and extent of damage. <br /> Based on observations of discolored water entering Coal Creek and <br /> analyses of water samples taken by the Division on April 12th and 13th, <br /> it is concluded that damage did occur (value of 4). <br /> The high TSS discharge had not been noted by the Division in an <br /> inspection two weeks prior to the April inspection. The operator had <br /> taken measures to correct the problem by April 13, 1983, the day after <br /> the discharge was observed. The duration of damage is considered to be <br /> short (value of 2). <br /> r <br /> 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />