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Richartl D. Lamm <br />Governor <br />~ Ill IIIIII1111111111 <br /> <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Getches, Executive Drreclor <br />MINED LAND R~CLAMAY'ION DI1 <br />DAVID C. SHELTO N, Director <br />December 28, 1983 <br />T0: TBht Enforcement Action File, No. C-048-81 <br />FROiq: I.1. S. Savage ~~vQ~~' <br />RE: Proposed Civil Penalty Asses sinent for IJOV 83-32 <br />The above Notice of Violation teas written for failure to resolve hydrologic <br />balance concerns noted during inspections of the Ludlow Loadout. The <br />permittee has failed to resolve these concerns through the revision process. <br />I. History <br />No other violations (not pending administrative review) have been issued <br />during the last 12 calendar months. <br />History Total: $000.00 <br />II. Seriousness <br />The Division has reviewed this proolem as an administrative and performance <br />standard violation. The proposed civil penalty is based on violation of the <br />' performance standards and is calculated according to procedures outlined in <br />"System for Assessing Civil Penalties", dated September 4, 1931. <br />- A. Probaoility of damage occurre~ice <br />During inspections, it was observed that disturued taater left the permit <br />area, since adequate drainage control was not present. The Division, <br />therefore, assigns a value of 4. <br />B. Duration of damage <br />The pernittee undertook temporary measures to alleviate the proolem. <br />Therefore, the Division assigns a short duration value of 2. <br />C. Extent of damage <br />Any damage from disturbed drainaye leaving the permit area was very <br />limited in extent. Therefore, the Division assigns a slight value of 1. <br />Value of Seriousness - total: 7 <br />1Jo4 x $1,750.00 = Seriousness Total: $191.40 <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />