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- w <br />Richard D. Lamm <br />Governor <br />iii iiiiiiiiiiiu iii <br />DEPARTMENT OF NATURAL RESOURCES <br />Davitl H. Getches, Executive Director <br />MINED LAND RECLAMATION DI\ <br />DAVID C. SHEL7ON, Director <br />DATE: March 1, 1985 <br />T0: Trinidad Basin Mine <br />Enforcement Action File <br />File No. C-048-81 <br />FROM: M. S. Savage rs/~v/~,M(.~-- <br />RE: Proposed Civil Penalty Assessments for <br />Notices of Violation C-85-005 and C-85-006 <br />The proposed civil penalties contained in this memorandum are based on the <br />criteria found in Rule 5.04.5, and C.R.S. 34-33-123(8)(a). Civil penalties <br />will be assessed for each of the Notices of Violation contained in this <br />memorandum. <br />Notice of Violation C-85-005 <br />This Notice of Violation was written for the failure of the permittee to <br />follow the approved mine plan by not constructing the revised sediment control <br />system as approved. The current sediment control system does not meet the <br />design criteria of Rule 4.05.6. <br />I. History <br />The permittee has received seven previous notices of violation in the <br />preceding calendar year which are no longer under administrative <br />review, and two Cessation Orders in the preceding calendar year which <br />are no longer under administrative review. The Division must assess a <br />history component of $50.00 for each previous Notice of Violation, and <br />$250.00 for each Cessation Order during a preceding calendar year. <br />NOVs - 7 x $ 50.00 = $350.00 <br />COs - Z x $250.00 = $500.00 <br />History Total: $850.00 <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />