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<br />Colorado Surface Coal Mining Reclamation Act, 34-33-101 et. seq., <br />C.R.S. 1973 as amended. <br />DIVISION OF MINERALS AND GEOLOGY <br />Depanmenl o! Natural Resources <br />1 313 Sherman Si.. Room 215 <br />Denver, CO 80207 <br />Phone. (7031 866-3567 <br />FA%: (}Oll 832 8106 <br />DATE: July 7, 1993 <br />T0: Permit File No. C-81-019 <br />FROM: Daniel I. Hernandez, Senior Reclamation Specialist <br />RE: Proposed Civil Penalty Assessment, Colowyo Coal Company, <br />The Colowyo Mine, Notice of Violation No. C-93-077 <br />The following documents were used as a basis for determining the following <br />proposed assessment: <br />1. <br />2 <br />3 <br />A <br />Rules and Regulations of the Colorado Mined Land Reclamation Board <br />pursuant to the Colorado Surface Coal Mining Reclamation Act, revised <br />6/30/91. <br />U.S. Office of Surface Mining Civil Penalty Assessment Manual, CAA-l, <br />Transmittal 410, 1/6/88. <br />History (Rule 5.04.5(3)(a)) <br />STATE OF COLORADO <br />b50.00 <br />OF ~~r0 <br />"~ r,6 <br />0 <br />Ne <br />~ r8 T6 ~ <br />Roy Romer <br />Governor <br />Michael B. Long <br />Dinsion DIrK10r <br />One NOV was issued to Colowyo Coal Company within the previous twelve <br />months from the date of issuance of this NOV. This previous NOV was not <br />vacated. This previous NOV is not the subject of pending administrative <br />or judicial review, The time to request such review, or to appeal any <br />administrative or judicial decision, for this previous NOY has expired. <br />B. Seriousness (Rule 5.04.5(3)(b)) E1,500.00 <br />This NOV is non-administrative in nature. As such, seriousness was <br />determined within the context of two criteria: 1) the probability of the <br />occurrence of an event which a violated standard is designed to prevent, <br />and 2) the duration and extent of the potential or actual damage in terms <br />of area and impact on the environment. <br />