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II IIII II IIIIIIIIIIIIIII <br />STATE OF <br />DIVISION OF MINERALS AND GEOLOGY <br />Department of Natural Resources <br />1313 Sherman 51., Room 215 <br />Denver, CO 80203 <br />Phone: (3031 866-3567 <br />FAX: (303) 832-8106 <br />July 16, 1993 <br />Attn: Assessment Officer <br />TO: File <br />FM: Shawn E. Smit J <br />Re: NOV C-93-102: Recommendation: Issues to Consider <br />Dear Assessment Officer: <br />~F epr0 <br />tip, R <br />:; `.O <br />~• <br />~ r8 i6 ~ <br />Roy Raner <br />Governor <br />Michael B. Lung <br />Division Dueaor <br />NOV C-93-102 was issued to the Southfield Mine following a partial <br />inspection on June 28, 1993 for "failure to include within the <br />application a map... sufficient to describe all proposed surface <br />disturbances, failure to correctly identify on the map the boundary <br />of all areas of disturbance..." <br />Seriousness: The extent of the damage included the areas <br />identified as SAE's in the permit, particularly the rock dust bin, <br />the mine exhaust fan and road, the substation, the powder magazine <br />and road. In addition, one section of the county road, <br />approximately 600 feet; and the road north of the refuse pile, <br />approximately 1200 feet; were included in the violation as not be <br />accounted for on the surface disturbed boundary Map #18. <br />The duration of the violation can be determined from the recent <br />submittal in Technical Revision No.15 revised Map 18, dated April, <br />16, 1993. <br />Due to the lack of complete information indicated by Map 18, the <br />Division is confronted with the difficulty of determining where <br />State's jurisdiction lies. Seen together with NOV C-93-101, the <br />difficulty is compounded when attempting to locate jurisdictional <br />boundaries. <br />Therefore, the seriousness of the violation is recommended to be <br />moderate. <br />Fault: The fault of this violation lies with both the operator and <br />the Division, since this has been an oversight in review of the <br />recently submitted technical revision (which still remains to be <br />approved), with on-the-ground concurrence with Map 18. Therefore, <br />the recommendation is lack of diligence for this violation. <br />