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DEPARTMENT OF NATURAL RESOURCES <br />Devid M. GeMnea Executive Olreetor <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. SHELTON, Dlnetor <br />Ric~ertl D. Lamm <br />Governor <br />T0: File No. C-005-84 <br />FROM: Sandra L. Emrich <br />Date: June 8, 1984 <br />Re: Proposed Civil Penalty, NOV C-84-73 <br />NOV C-84-73 was written for failure to salvage topsoil prior to disturbance. <br />During haul road reconstruction material from the road was deposited on an <br />undisturbed area. The proposed civil penalty is as follows. <br />History -Rule 5.05.5 (2)(a) <br />Peabody has not received any violations during the past year. Therefore no <br />civil penalty is assessed for history. <br />History: $ 0.00 <br />Seriousness -Rule 5.04.5 (2)(b) <br />Maximum total penalty for seriousness is $1,750.00. It is divided into three <br />categories each of which has a separate assessment as follows. <br />1. Probability of Damage Occurrence <br />Undisturbed topsoil was buried, however it did not appear to be <br />permanently lost. The probability of damage is small. <br />j, ~1. ~ .~ <br />2. Duration of Damage <br />The disturbance was_recent and therefore the duration of damage is <br />short, and there should not be any long-term damage. <br />3. Extent of Damage <br />The extent of damage was approximately 800 feet long and approximately <br />five feet wide. The extent is relatively small. ~ <br />The topsoil was not lost; the duration and extent are relatively minor. <br />Therefore the seriousness is assessed at $250.00. <br />Seriousness: $ 250.00 <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30~) 866-3567 <br />