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n u DEPARTMENT OF NATURAL RESOURCES Davitl H. Getches, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SHELTO N, Director Richard D. Lamm Governor DATE T0: FROM March 19, 1985 III IIIIIIIIIIIII III Red Canyon Enforcement Action File, Permit No. C-034-81 Tom Gillis RE: Proposed Civil Penalty Assessment for N.O.V. C-85-010 The proposed civil penalty contained in this memorandum is based on the criteria found in Rule 5.04.5 and the Mined Land Reclamation Division memorandum of September 4, 1981; System for Assessment of Civil Penalties. NOTICE OF VIOLATION C-85-O10 This Notice of Violation was written for failure of the operator to complete sediment pond upgrading within the time frame stipulated in the May, 1984 Findings Document and subsequently extended by the Division on October 22, 1984 in response to a request by the operator to extend the deadline from October 19, 1984 to November 9, 1984. History The permittee has received no Notices of Violation in the preceeding calender year, therefore the Division does not assess an amount under the history component. II. Seriousness The Division viewed this violation as a noncompliance with stipulation No. 1 as set forth in the May, 1984 Findings Document for permit C-034-81. There are three components to the seriousness portion of this violation. 1. Probability of Damage Occurrence The Division believes that damage was likely to occur as a result of the failure of the operator to complete sediment pond upgrading within the time frame stipulated in the May, 1984 Findings Document and subsequently extended by the Division to November 9, 1984. In the event that a large rainfall event or rapid snowmelt occurred, there was the distinct possibility that the pond would not provide storage for the 10-year, 24-hour precipitation event and any additional storage resulting from the average inflow from the underground mine. Additionally, the existing inlet structure would likely be further eroded, resulting in significantly increased contributions of sediment into the pond and thereby reducing pond storage capacity below that 423 CetSP~i#~i5~~t~9if~g,~3{'~'~I{~}nan~tPe~t'vi~@~t~v~~I'd~$~'do~R33 l~N. X014) 9~6-3567 three.