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• <br />DEPARTMENT OF NATURAL RESOURCES <br />D MonlP Pascoe. Ere<W ive Drterl or <br />MINED LAND RECLAMATION DI <br />DAVID C. SHELTON Director <br />R 4hditl D Lamm <br />Governor <br />December 15, 1982 <br />Mt. Dean Massey <br />Dorchester Coal Company <br />9350 East Arapahoe Road <br />Suite 300 <br />Englewood, Colorado 00112 <br />Re: Notice of Proposed Civil Penalty - Request for Conference <br />N.O.V. 82-59 <br />File No. C-015-81 <br />Dear Mr. Massey: <br />Enclosed is a Notice of Proposed Civil Penalty/Request for <br />Conference form for N.O.V. 82-59, The Division proposes no <br />civil penalty be assessed for this violation since any <br />environmental damage that may have occurred is probably minor <br />in nature. However, the Division feels that the fact of the <br />violation still stands for several reasons. <br />First of all, given the nature of the disturbance, a plan for <br />topsoil salvage and protection should have been discussed in <br />the exploration plan. In fact, if the plan had indicated that <br />there may be some instances where minor road development would <br />be necessary, and a general discussion was given of how topsoil <br />would be handled, Dorchester Coal Company would not have <br />received a violation. <br />Second, the exploration application specifically states that <br />there will be no road development. The fact that a road was <br />constructed in an area where it Sa questionable whether one vas <br />necessary, creates some doubt regarding the validity of <br />Dorchester's exploration project approval. <br />Third, the purpose of an application is to serve as a planning <br />tool for the applicant and an assessment tool for the <br />Division. The plan provides a means for the Division to <br />determine the potential impact to the environment that may <br />result from the activity. Further, it is the Division's <br />responsibility io ensure that the disturbance to the <br />environment will be minimized while allowing for successful <br />attainment of exploration goals for the applicant. This <br />determination supports the basis for approval of any given <br />application. <br />423 Centennial Building, 1313 Sherman Street Denver. Colorado 80203 Tel. (303) 866-3567 <br />~ III IIIIIIIIIIIII III <br />