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~` ~ Cf'/ J/~ ` ^C <br />Mr. Vance Mills ~S ~ -3- June 9, 1984 <br />An assessment of a7 .00 for the fault component of NOV C-84-011 is proposed <br />because the Division eels that Trinidad Basin was extremely negligent in <br />failure to both follow the approved mine plan and failure to maintain the <br />sediment and drainage control system. <br />Notice of Violation C-84-072 is a violation of administrative procedure. <br />Therefore, according to Rule 5.04.5(2)(b)(ii) the assessment for seriousness <br />must be based on the extent to which enforcement was obstructed. The Division <br />feels that the extent of obstruction was moderate, given that without proper <br />certification, the Division cannot determine whether a sediment pond is <br />constructed properly to contain and pass the design events. <br />Therefore an assessment of $815.00 or one-half of the maximum is proposed. <br />An assessment of $750.00 for the fault component of NOV C-84-072 is proposed. <br />The Division feels that Trinidad Basin was extremely negligent in not <br />certifying the ponds given that two previous violations were written for <br />failure to certify and the certifications were required by a stipulation. <br />If you wish to contest the facts of the violations and/or the proposed civil <br />penalties, you must sign and return the Request for Conference forms. <br />If you have any questions please contact Mike Savage or me. <br />Sincerely, <br />_ ~. <br />l ^ ~ <br />VYV ~+' Y <br />Ji Herron <br />Re amation Specialist <br />JH/ep <br />Enclosures <br />Doc. No. 2006 <br />CERTIFIED MAIL NUMBER P 397 149 338 <br />Return Receipt Requested <br />