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STATE Of• COLORAfiO 411'nnHn ~MM. Gnv~n~n~ III IIIIIIIIIIiII III <br />DEPARTMENT OF NATURAL RESOURCES <br />O. Monte Pascoe, E><ecu live Director 999 <br />IVIINEU LAND KECLAfV1A'['IUN <br />423 Centennial Building, 1313 Sherman Streel <br />Denver, Colorado 80203 Tel. (303) 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, I 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 (550.00) was assessed on~the basis <br />of Walden Coal Company having one previous violation which was not of a <br />cease and desist nature (S.OS.S(2](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 [2J(b][iJ), 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 (5.09.5[2)(cJ <br />(ii]). No subtractions were made for good faith since no abatement could <br />be made. Total civil penalty 5850.00. I feel there is little room for <br />compromise on this issue, and that we have a very strong case. <br />/k <br />