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III IIIIIIIIIIIIIIII <br />DEPARTMENT OF NATURAL RESOURCES <br />Davia M. Getchse. Executlvs Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C..$NELTON, Dinetor <br />Richard D. Lamm <br />Governor <br />June 9, 1984 <br />Mr. Vance Mills <br />Trinidad Basin Mining, Inc. <br />P.O. Box 783 <br />Trinidad, Colorado 81082 <br />RE: Notice of Proposed Civil Penalty, NOV's C-84-071 and C-84-072 <br />File No. C-048-81 <br />Dear Mr. Mills: <br />Enclosed are the Notice of Proposed Civil Penalty/Request for Conference forms <br />for the above referenced notices of violation. The proposed civil penalty for <br />Notice of Violation No. C-84-071 is 3,2_.4_OO~,QO and $1_,9_75 is the proposed <br />penalty for Notice of Vio a ion No. C-84-072. <br />_~,. <br />The civil penalty for NOV C-84-071 is broken down into $350.00 for history of <br />previous violations, $1,300.00 for seriousness, and $750.00 for fault. The <br />civil penalty for NOV C-84-072 is broken down into $350.00 for history, <br />$875.00 for seriousness, and $750.00 for fault. <br />The following system, based on Rule 5.04.5, was used to arrive at the civil <br />penalties in all cases except for the seriousness component of NOV C-84-072, <br />which is discussed below. <br />History of Previous Violations <br />Fifty dollars is assessed for each previous violation within the past year, <br />which is not pending administrative review. <br />Seriousness -Maximum Penalty is $1,750.00 <br />This is divided into three categories: (1) Probability of damage occurrence, <br />(2) Duration of damage, and (3) Extent of damage. Each component is assigned <br />a value depending on the circumstances. The end assessment is arrived at by <br />multiplying all values together, dividing by 64 (the maximum multiple value) <br />then multiplying this fraction by $1,750.00. <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30~) 866-3567 <br />