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crnir rn'r; Ol Oi~nDO niCnnnpn inr.•m ~n~ <br />DEPARTMENT OF NATURAL RESOURCES <br />D Monte Pascoe, Executive Director <br />MINED LAND RECLAMA'T'ION <br />423 Cenlen n,al Bui{tling, 1313 Sherman Street <br />Denver, Colorado 80203 Tel. (303) 866-3567 <br />David C. Shelton <br />Director <br />September 4, 1981 <br />T0: File NC-025-81 <br />FROM: Jim Herron <br />RE: Assessment of Civil Penalties for Notices of Violation 81-29 and 81-36 <br />History of Previous Violations <br />Snowmass Coal Company has had three previous violations in the preceding <br />year. Therefore, following the procedures set forth in 5.04.5, 550 is <br />assessed for each previous violation. Thus $150 is assed for each violation. <br />The following is the method used to assess the violations for seriousness <br />and fault: <br />Seriousness - Maximum penalty is $1750 <br />This is divided into three categories: (I) Probability of damage occurence, <br />(2) Duration of damage, and (3) Extent of damage. Each component is assigned <br />a value depending on the circumstances. The end assesment is arrived by <br />multiplying all values together, dividing by 64 (the maximum multiple value) <br />then multiplying this fraction by $1750. <br />The values are assigned using the following procedure: <br />Probability of damage occurence <br />a. damage did occur value of 4 <br />b. damage is likely to occur value of 3 <br />c. damage is not likely to occur value of 2 <br />2. Duration of damage <br />a. short, less than 45 days value of 2 <br />b. medium, 45 - 90 days value of 3 <br />c. long, greater than'90 days value of 4 <br />3• Extent of damage <br />a. insignificant value of 0 <br />b. slight value of 1 <br />c. small value of 2 <br />d. medium value of 3 <br />e. large value of 4 <br />