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<br /> <br /> <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Getches, Eaecutrve Director <br />MINED LAND RECLAMATION DI\ <br />DAVID C. SHELTO N, Director <br />Richard D. Lamm <br />Govern r <br />SATE: July 11, 1984 <br />T0: H-G Enforcement File No. C-003-80 <br />FROM: Brian Munson <br />RE: NOV C-84-117 Rationale for Penalty Assessment <br />This penalty assessment consists of three parts. Penalties are required to be <br />assessed on the basis of history of previous violations, seriousness of the <br />violations and the degree of fault on the part of the operator (as described <br />in Rule 5.04.5 of the Regulations and the September 4, 1981 memorandum, System <br />for Assessment of Civil Penalties). <br />The proposed civil penalty for this violation is $305.00 as justified below. <br />History <br />The H-G Mine has not received any Notices of Violation within the past twelve <br />months <br />History Total $ 0.00 <br /> <br />Although there is a possibility for environmental damage it is probably <br />insignificant to the extent that the Division feels that damage is not likely <br />to occur. Given the time of year and nature of the flow involved, if damage <br />was likely to occur it probably would have occurred this spring. There was no <br />evidence of environmental damage. The seriousness factor assessed is 2. <br />Since damage is not likely to occur there is no need to assess a penalty for <br />duration or extent of damage. The duration and extent would likely be <br />insignificant. <br />Total = (2 = 64 [total possible]) x $1750.00 (maximum fine) _ $ 55.00 <br />Fault <br />The operator failed to construct the diversion ditch due to lack of reasonable <br />care. For this reason, the minimum is assessed for this portion of the civil <br />penalty. <br />Fault Total $250.00 <br />Total penalty for NOV C-84-117 $305.00 <br />/ph <br />Doc. No. 2672 <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />