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<br />DIVISION OF MINERALS AND GEOLOGY <br />DeparimeM of Natural Resources <br />1 317 Sherman $1.. Room 215 <br />Denver, CO 80203 <br />Phone: 1303) 866-3567 <br />FAx:1703)8}2-8106 <br />DATE: July 6, 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-93-073 <br />The following documents were used as a basis for determining the following <br />proposed assessment: <br />1. Colorado Surface Coal Mining Reclamation Act, 34-33-101 et. sec., <br />C.R.S. 1973 as amended, <br />2. 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 />pF' COQ <br />~`~" , b <br />He O <br />o <br />s <br />~ ~e l6 ~ <br />Roy Ramer <br />Governor <br />Michael B. Long <br />D rvision Director <br />3. U.S. Office of Surface Mining Civil Penalty Assessment Manual, Directive <br />CAA-1, Transmittal 410, 1/6/88. <br />A. History (Rule 5.04.5<3)<a)) $50.00 <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 NOV has expired. <br />B. Seriousness (Rule 5.04.5(3)(6)) $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 <br />terms of area and impact on the environment. <br /> <br />STATE OF COLORADO <br />