_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

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DEPARTMENT OF NATURAL RESOURCES
* ( * David H.Getches,Executive Director
* 1876 * MINED LAND RECLAMATION DIVISION
187 D"ID C.SHELTON, Director
Richard D.Lamm
Governor
May 2, 1984
Mr. Doug Bowman
Mid-Continent Resources, Inc.
P.O. Box 158
Carbondale, Colorado 81623
Re: Notice of Proposed Civil Penalty Request for Conference - NOV's C-84-051
and C-84-052, File No C-017-81
Dear Mr. Bowman:
Enclosed are Proposed Amount of Civil Penalty and Request for Conference forms
for the above referenced violations.
The Division proposes to assess a civil penalty of $2,375.00 for NOV C-84-051
and $1 ,250.00 for NOV C-84-052. Using the system for civil penalty assessment
in Rule 5.04.5, the proposed civil penalty for NOV C-84-051 is broken down
into 1100.00 for history of previous violations, $1525.00 for seriousness and
$750.00 for fault. The civil penalty assessment for NOV C-84-052 is broken
down into $100.00 for history of previous violations, $400.00 for seriousness
and $750.00 for fault.
Mid-Continent has had two violations within the preceding year (NOV' s 83-13
and 83-27), therefore, $50.00 is assessed for each 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. The maximum civil penalty assessment
for seriousness is $1 ,750.00. For the purposes of this assessment, each
portion of the seriousness component is given equal weight, i .e. , $875.00
maximum for each portion. The assessment for the seriousness component of
each violation is discussed below.
In the case of NOV C-84-051 , the Division determined that damage was likely to
occur. End dumping the refuse could potentially lead to pile instability. At
this location, the pile is relatively close to Dutch Creek. The toe of the
refuse pile is horizontally separated from Dutch Creek by the light-use
access and as little as approximately 30 feet of undisturbed area. A failure
would likely result in refuse falling into Dutch Creek. An assessment of
$650.00 or approximately three quarters of the maximum for probability is
proposed. The duration and extent in case of a failure would be large. Coal
processing waste would likely fall into Dutch Creek and contribute suspended
solids to streamflow outside the permit area. The maximum of $875.00 for the
duration and extent portion of seriousness is proposed to be assessed. The
total seriousness component assessment for NOV C-84-051 is $1,525.00.
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. [phone]