ENFORCE38091

• Permit No: C1981047
• IBM Index Class Name: Enforcement
• Doc Date: 1/4/1982
• Doc Name: PROPOSED CIVIL PENALTY FOR NOV 81-43
• From: MLR
• To: BLUE RIBBON MINE
• Violation No.: CV1981044
• Media Type: D
• Archive: No

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STATE OF COLORADO RICHARD D. LAMM, Go.emor 999
DEPARTMENT OF NATURAL RESOURCES
D. Monte Pascoe, Executive Director
MINED LAND RECLAMATION
423 Centennial Building, 1313 Sherman Street
Denver, Colorado 80203 Tel. [phone]
David C. Shelton
January 4, 1982 DlfeCtO~
TO: File No. C-047-81 - Blue Ribbon Mine
FROM: Tom Gillis
RE: Proposed Civil Penalty for N.O. v. 8I-43
NOTE: N.O.V. 81-43 was issued on December 4, I98I. Notice of Proposed
Civil Penalty must be complete by January 4, 1982
History of Previous Violations - 5.04.5(2)(a)
For the Blue Ribbon mine, there have been 3 Notices of Violation issued to
the operation during the calendar year previous to issuance of N.O.V. 8I-43.
These are N.O.V. numbers 81-17, 81-18, and 81-19, issued on May 20, 1981.
Therefore, $150.00 was assessed for history of previous violations.
Seriousness - 5.04.5(2)(b)
This section of the regulations considers two categories of violations; an
event versus an obstruction. In the case of N.O.V. 8I-43, placement of excess
spoil material from reconstruction of an access road embankment in an uncontrolled
manner constitutes an event in violation of the performance standard require-
ments of the Act. Since this violation is considered an event, 5.04.5(2)(b)(ii)
was not considered in the assessment for seriousness.
Up to $1,750.00 may be assessed for seriousness. For the purpose of this
assessment, seriousness has been divided into three primary categories:
(1) Probability of damage occurrence, (2) Duration of damage, and (3) Extent
of damage. Each component is assigned a value depending on the circumstances.
The end assessment is arrived at by multiplying all values together, dividing
by 64 (the maximum multiple value) then multiplying this fraction by $1,750.00.
The values were assigned using the following procedure:
1. Probability of damage occurrence
a. damage did occur value of 4
b. damage is Likely to occur Value of 3
c. damage is not likely to occur Value of 2