Laserfiche WebLink
STnTE OF COLORA00 RIC I+nRn ~MM. fnv III IIIIIIIII IIII III <br />DEPARTMENT OF NATURAL RESOURCES 999 <br />D. Monte Pascoe, Executive Director <br />MIl~1ED LAND RECLAMATION <br />423 Centennial Building. 1313 Sherman Street <br />Denver, Colorado 80203 Tel. (30$) 839-3567 <br />David C. Shelton <br />Director <br />November 13, 1980 <br />TO: FILE <br />FROM: Mike Savage <br />RE: Proposed Amount of Civil Penalty for Bourg Strip <br />NOV 80-39 <br />In consultation with Bob Liddle, Carol Pahlke and Pete Evans, r assessed <br />a civil penalty for NOV 80-39 (incorporation of topsoil/organic material into <br />road embankments and sediment pond embankments). The civil penalty will <br />be assessed for only one day of violation since it was observed on only one <br />day (October 28, 1980). Fifty dollars ($50.00) was assessed on the basis <br />of Walden Coal Company having one previous violation which was not of a <br />cease and desist nature (5.05.5 (2J(a](i]). Four hundred dollars was <br />assessed on the basis of seriousness. This incorporates the amount of <br />potential or actual damage which would occur should their embankments wash <br />out due to reduced structural integrity (5.04.5(2](b](i]), and is in reality <br />an extremely low penalty. Four hundred ddlars was assessed for fault as a <br />result of negligence and Lack of diligence and reasonable care (5.04.5(2](c] <br />(ii]). No subtractions were made for good faith since no abatement could <br />be made. Total civil penalty $850.00. Z feelthere is little room for <br />compromise on this issue, and that we have a very strong case. <br />/k <br />