_GENERAL DOCUMENTS - C1981017 ‎(146)‎

• Permit No: C1981017
• IBM Index Class Name: GENERAL DOCUMENTS
• Doc Name: Bid Documents ‎(IMP)‎
• Permit Index Doc Type: General Correspondence
• Media Type: D
• Archive: No

°F CO�o
H� $ DEPARTMENT OF NATURAL RESOURCES
David H.Getches,Executive Director
* * MINED LAND RECLAMATION DIVISION
f 876 D"ID C.SHELTON, Director
Richard D.Lamm
Governor
Y
June 20, 1984
Mr. Doug Bowman
Mid-Continent Resources, Inc.
P.O. Box 158
Carbondale, Colorado 81623
RE: Notice of Proposed Civil Penalty - Request for Conference, Cessation
Order No. C-84-082, File No. C-017-81
Dear Mr. Bowman:
Enclosed are a Proposed Amount of Civil Penalty form and a Request for
Conference form.
The Division proposes to assess a civil penalty of $1 ,875.00. Using the
system for civil penalty assessment in Rule 5.04.5, the proposed civil penalty
is broken down into $50.00 for history of previous violations, $325.00 for
seriousness, and $1,500.00 for fault.
Mid-Continent has had one violation within the preceding year (NOV 83-27),
therefore, $50.00 is assessed for the previous violation.
The seriousness component is broken down into: 1. The probability of
occurrence of the event which a violated standard is designed to prevent; and
2. The duration and extent of the potential or actual damage in terms of area
and impact on the public environment. In this case, actual damage was likely
to occur although the extent and duration would be small. Without the
drainage control system in place, runoff water was likely to enter Coal Creek
without treatment by a sediment pond. The duration and extent of the damage
would be small , given the small size of the disturbance. Therefore,
one-eighth of the maximum for the seriousness component or $325.00 is proposed
to be assessed.
The fault component is broken into two separate categories: 1. Those
violations that occurred due to negligence; and 2. Those violations that
occurred due to a greater degree of fault than negligence. This violation
best fits the category of negligence. The maximum of $1,500.00 for the fault
is proposed to be assessed because this violation is felt to have occurred as
the result of willful conduct by the operator. The operator was verbally
warned during the March 30, 1984 inspection that the sediment control system
must be completed before any construction of the blending system facilities
started.
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. [phone]