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<br />iii iiiiiiiiiiiuiii <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Getchea, Executive Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTON, Dlroctor <br />Richard D. Lamm <br />Governor <br />May 29, 1984 <br />Mr. Bill Wilson <br />American Fuels, Inc. <br />P.O. Box 511 <br />Aguilar, Colorado 81082 <br />Re: Notice of Proposed Civil Penalty, Request for Conference - NOV C-84-062 <br />and C-84-063 - File No. C-031-81 <br />Dear Mr. Wilson: <br />Enclosed are the Notice of Proposed Civil Penalty and Request for Conference <br />forms for the above referenced violations. <br />The Division proposes to assess a civil penalty of $690.00 for NOV C-84-062 <br />and $970.00 for NOV C-84-063. The civil penalty for NOV C-84-062 is broken <br />down into $0.00 for history of previous violations, $440.00 for seriousness <br />and $250.00 for fault. The civil penalty for NOV C-84-063 is broken down into <br />$0.00 for history, $220.00 for seriousness, and $750.00 for fault. <br />The following is the method used to determine the proposed civil penalty: <br />History of Previous Violations <br />Fifty dollars is assessed for each previous violation within the past year, <br />which is not pending administrative review. <br />Seriousness -Maximum Penalty is $1,750.00 <br />This is divided into three categories: (1) Probability of damage occurrence, <br />(2) Duration of damage, and (3) Extent of damage. Each component is <br />assigned a value depending on the circumstances. The end assessment is <br />arrived by multiplying all values together, dividing by 64 (the maximum <br />multiple value) then multiplying this fraction by $1,750.00. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30'x) 866-3567 <br />