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I <br />December 11, 1980 <br />TO: FILE <br />FROM: Robert LiddZe <br />David C. Shelton <br />Director <br />RE: Assessment of Civil Penalties Against Snowmass Coal Company <br />On December 8, 1980, Snowmass Coal was issued 3 NOV's. This letter serves as <br />a memo to outline the basis for assessing civil penalties against Snowmass <br />Coal Company. <br />NOTICE OF VIOLATION #1 - Failure to Salvage Topsoil <br />Assessment - Section 5,09.5 <br />(2)(a) - Past Violations - No fine assessed because no violations were issued <br />in the past year. <br />(2)(b) - Seriousness, $50.00 is assessed. This is a low penalty since the <br />lack of topsoil salvage will cost the operator Later, during reclamation. <br />Snowmass may be forced to purchase suitable topsoil for the area to establish <br />vegetation, otherwise bond release might be delayed. <br />(2)(c) - Fault - 5250. is assessed for negligence, since the company was <br />aware of the requirement for topsoil salvage. <br />Civil Penalty (2)(a) - -0- <br />(2) (b) - 50.00 <br />(2) (c) - 250.00 <br />To taZ - 300.00 <br />NOTICE OF VIOLATION #2 - Failure to Construct Sediment Control <br />Assessment - Section 5.04,5 <br />(2)(a) - Past violations - no fine assessed, <br />(2)(b) - Seriousness - 51200 is assessed. $500.00 is assessed since the <br />probability of occurance is 100%. $700.00 is assessed since lack of sediment <br />control which includes control of spill s, directly impacts adjacent prime farm- <br />lands. <br />(2){c) - Fault - $600.00 is assessed due to negligence. The operator was <br />reminded in a memo from Jim Herron in September that construction of sediment <br />control would be required before any disturbance to the area occurs. Snowmass <br />was notified that if this was not done, a violation would be served. <br />S i4TE OI COI OR Af>O Hu'~/du)•> ~ ~~~~~ <br />,DEPARTMENT OF NATURAL RESOURCES ~v~ III'll'll'll'III'll <br />D. Monte Pascoe, Executive Dlrenor <br />999 <br />Ai IN F.l) L.AN n R ECLAM A'T'ION <br />423 Centennial Building, 1313 Sherman Street <br />Denver. Colorado 80203 Tel. (303) 839-3567 <br />(cont'd) <br />