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. ~ <br />STATE OF COLORADO RifM.vAD U. LAMM, Gnvemn. III IIIIIIIIIIIII III <br />DEPARTMENT OF NATURAL RESOURCES 999 <br />D. Monte Pascoe, Executive Director <br />MIlVED LAND RECLAMA'TtON <br />423 Centennial Building, 1313 Sherman Slreel <br />Denver, Colorado 80203 Tel. (303) 866-3567 <br />David C. Shelton <br />Director <br />December 6, 1982 <br />T0: Trinidad Basin File, No. C-048-81 <br />FROM: Carol Russell <br />RE: Justification for Proposed Amount of Civil Penalty for NOV 82-43 <br />Notice of Violation No. 82-43 <br />Sediment control structures downslone of cut 1 in pit No. 2 were not constructed <br />prior to the commencement of surface mining within this area. Therefore, Notice <br />of Violation No. 82-43 was issued on November 8, 1982 for failure to minimize <br />impacts to the hydrologic balance. <br />d Amount of Civil Penalty - NOV 82-43 <br />A. Historv - Rule 5.04.5(21(a <br />Fifty dollars is assessed for each previous violation with the past year, <br />which is not pending administrative review. Trinidad Basin 1lining was issued one <br />violation, NOV 82-7, on February 25, 1982. Therefore, $50.00 is assessed for <br />history. <br />History Total: $ 50.00 <br />B. Seriousness - Rule 5.04.5(2)(b) <br />Maximum penalty is $1,750.00. <br />This section of the regulation identifies two categories of violations; a <br />violation of performance requirements (5.04.5(2)(b)(i)), or a violation of admin- <br />istrative requirements (5.04.5(2)(b)(ii)). N.O.V. 82-43 is a violation of <br />performance requirements. <br />In the case of a violation of performance requirements, three factors are <br />considered: (1) Probability of damage occurrence, (2) Duration of potential or <br />actual damage, and (3) Extent of potential or actual damage. Each component is <br />assigned a value depending on the circumstances. The end assessment is arrived <br />at by multiplying all values together, dividing by 64 (the maximum multiple value), <br />then multiplying this fraction by $1,750.00. <br />The values are assigned using the following procedure: <br />