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<br />S IAI 1. ,'i~ ~, UI urY :,l)J wc'r, .~ni, I,. i <br />• DEPARTMENT OF NATURAL RESOURCES ~ r~ n <br />D Monle Pascoe. Execu bve Director <br />IViIN~:U LAND RF.(;LAMA'i'ION <br />423 Centennial Building, 1313 Sherman Street <br />Denver, Colorado 80203 Tel. (303) 839-3567 <br />iii iiiiiiiiiiiu iii <br />999 <br />David C. Shelton <br />Director <br />M li M O R A N D U M <br />T0: Our File 1177-313 <br />FROM. Jim 1lcrron <br />DA1'f•.: December 15, 1980 <br />RC: Assessment of Civil Penalty <br />NOV's 80-41, 80-42, & 80-43 <br />1) History of previous violations <br />Snowmass Coal Company has received no previous violations in the <br />past year. Therefore no penalty assessment is made for the above <br />mentioned notices of violation. <br />NOV 80-41 <br />2) Seriousness <br />The operator failed to salvage topsoil from an area of approximately <br />75 feet x 100 ft. Some topsoil, will be lost or degraded even if <br />the spoil pile is removed immediately, and some topsoil has already <br />been lost in grading around the spoil pile. Conversly, the topsoil <br />under the spoil pile will not be totally lost for reclamation if the <br />spoil pile is removed during abandonment. At the minimum, I would <br />estimate that 75 cubic yards of topsoil will be lost from this area. <br />At $2.00 per yard to import this, it would cost $150. Therefore I <br />assess a civil penalty of $150 for seriousness. <br />3) Fault <br />It is my opinion that this violation occurred as the result of <br />negligence on the part of the operator. The operator was negligent <br />in both salvaging the topsoil prior to spoil placement and negligent <br />in notifying the Mined Land Reclamation Division that an area for <br />disposal of this spoil would be needed. Therefore, since the <br />operator was negligent on two aspects, I assess a civil penalty <br />of $500 (2 x $250) for fault <br />Total assessment for NOV 1180-41 = $650 <br />