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~• <br />Richard D. Lamm <br />Governor <br />DATE <br />TO <br /> <br /> <br />DEPARTMENT OF NATURAL RESOURCES <br />David H. Getchea, Executive Director <br />MINED LAND RECLAMATION DI\ <br />DAVID C. SHELTON, Director <br />September 10, 1984 <br />File No. C-036-81 <br />FROM: Anne Baldrige <br />RE: Proposed Civil Penalty, NOV C-84-153 <br />NOV C-84-153 was written for failure to obtain approval from the Division <br />before extending the haul road by constructing a fill and placing several <br />drainage culverts. The proposed civil penalty is as follows. <br />History -Rule 5.04.5(2)(a) <br />Colorado Yampa Coal Company's Energy No. 3 Mine has received three violations <br />during the past year. A penalty of $50.00 must be assessed for each past <br />violation. <br />History: $150.00 <br />Seriousness - Rule 5.04.5(2)(b <br />The existing access road was upgraded to improve drainage without prior <br />approval. The road lies within a disturbed area and has adequate sediment <br />control, therefore it is believed that environmental damage will not occur as <br />a result of improper road construction. The violation is of an administrative <br />nature and no civil penalty is being assessed for seriousness. <br />Seriousness: $ -0- <br />Fault - Rule 5.04.5(2)(c) <br />Fault is divided into three categories. This violation is negligence. The <br />penalty assessed must be at least $250.00 and not more than $750.00. The <br />operator had significantly upgraded the road without obtaining prior <br />approval. Although no environmental damage resulted, the design and method of <br />construction are not known. The proposed penalty for fault is $500.00. <br />Seriousness: $500.00 <br />/ep <br />Doc. No. 3990 <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30'x) 866-3567 <br />