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• • III IIIIIIIIIIIII III Lid#$~/ Getty Mining Company 23385 Routt County Road 33, Oak Creek, Colorado 80467 • (303) 879-4426 August 3, 1984 Mr. David Shelton Colorado Mined Land Reclamation Division 423 Centennial Building 1313 Sherman Street Denver, CO 80203 RE: Information For Assessment Of NOV C-84-81 Dear Mr. Shelton: RECEIVE AUG ~'7 1984 PN Co oLDept of NataAallResourcesON Enclosed please find material associated with the above referenced Notice Of Violation. This material was discussed during the Assessment Conference held Wednesday, August 1, 1984, of which you where the officer in charge. The material includes information concerning the 10 year/24 hour precipitation event at our surface monitoring site 99, on the unnamed tributary to Middle Creek as well as internal documentation of environmental problems associated with the Fish Creek Tipple dated January 24, 1984. As can be seen from the calculations, Site 99 has a 10-year/24-hour peak flow of 21.2 cfs. Also attached, are 1984 flow measurements for Site 99. The flow measurements were taken approximately once a week. Between the April 28 measurement and the May 8 measurement, there was a 0.25 cfs increase in the flow rate. Sometime between May 8 and May 16 the flow rate at Site 99 was sufficient to wash out the Cipoletti Weir. We therefore, are unable to determine the peak flow rate arrd the date of the peak flow, but we do know that a flow rate sufficient to wash out the Site 99 weir occured within seven days of May 16, 1984, the date on which Mr. Liddle conducted his inspection and issued NOV C-84- 81. Those problems noted in the January 24 memo associated with culvert and ditch maintenance activities were resolved in a matter of days, which is our standard operating procedure. Those problems noted which required earth moving activities were scheduled for completion during the summer months when the condition of the earth materials is conducive for such activities. Those activities have been initiated and are in the final stages of completion at this time. We submit for your consideration that the violation which occurred at Ditch H-3 was unavoidable despite the exercise of reasonable care, based on the weekly monitoring activities conducted arrd data gathered at Site 99, and therefore propose no assessment for fault be made. We further submit that the January 24,