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P`MErai O/,^F <br />~,. z United States Department of the Interior <br />a <br />~ a° 0FFfCEOFSCRFACE>f1~IVG <br />'~ .._._ .mon and Enforcemen[ <br />M44Cw `aa ~:r. r.. Colo ndo 80?0 _~?-ii <br /> <br />July 11, 1994 <br />NOTICE OF PROPOSED CIVIL PENALTY ASSESSMENT (NOPA) <br />Kerr Coal Co. <br />PO Box 487 <br />Walden, CO 80480 <br />RE: Citation: N94-020-352-3 <br />Operation/Permit:Marr mine / C-80-006 <br />Dear Sir/Madam: <br />Under the authority of THE SURFACE MINING CONTROL AND RECLAMATION <br />ACT OF 1977, 30 U.S.C. 1201 et sea•, on May 25,~"ou were issued <br />Hotica of violation N94-020-352-3. <br />In accordance with 30 CFR Part 845, you are hereby issued a <br />proposed civil penalty assessment for this violation, in the <br />amount of: <br />S1.300.00. <br />Carefully read this letter and the enclosed information <br />concerning the requirements for payment of civil penalty <br />assessments. Information regarding the requirements for <br />obtaining informal and formal administrative review of the <br />proposed penalty is also enclosed. <br />If the enclosed Assessment Worksheet shows that good faith in <br />achieving compliance was not considered in making the assessment, <br />you may request a modified assessment based on consideration of <br />good faith. To request consideration of good faith, you must <br />show that extraordinary measures were taken to abate the <br />violation(s) in the shortest possible time and that abatement was <br />achieved before the time set for abatement. Your request should <br />be made in writing, after the violation(s) have been abated, and <br />should be addressed to the Program Support Division, Standards & <br />Evaluation Branch at the address above <br />If you have any questions, you may call Randal Pair of our Field <br />Assessment Unit, at (303) 762-5549. <br />S <br />b <br />John eid r, Chie~f~ <br />Standards & Evaluation Hranch <br />Enclosures <br />Exhibit B <br />