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STATE OF COLORADO gi~v,cPn ~arrn ~~vern n~ DEPARTMENT OF NATURAL RESOURCES D. Monte Pascoe, Executive Director MINED LAND RECLAMATION 423 Centennial Building,1313Sherman Street Denver, Colorado 80203 Tel. (30~) 866-3567 David C. Shelton Director MEMORANDUI•i T0: Kerr Coal File 11C-006-80 FROM: P1.5. Savage RE: Proposed Civil Penalty Amounts for NOV's 82-16, 82-17, and 82-19 DATE: May 4, 1982 f AYA4~_ The following civil penalties are proposed according to the criteria in Rule 5.04.5 and the System for Assessing Civil Penalties (September 4, 1981). Kerr Coal Company submitted comments to the Division regarding this violation on April 22, 1982. These comments have been considered by the Division. Notice of Violation 82-16 NOV 82-16 was issued to Kerr Coals Marr Strip for construction of a haul road which was not addressed nor approved in the permit. I. History Kerr Coal has not been issued a notice of violation in the calendar year previous to the issuance of NOV's 82-16, 82-17, and 82-19. Therefore, no monetary amount has been assessed for history. HISTORY $ 00.00 II. Seriousness The Division feels that this violation resulted from the failure of the operator to obtain a revision to the existing permit which addressed the haul road. Therefore, the Division finds this to be largely a violation of administrative requirements, with possible violations of performance standards. The Division was not able to judge to what extend performance standards may have been violated, therefore enforcement was obstructed to an extent. The Division may assess up to $1,750.00 for seriousness. The Division feels that the consequences of the violation were potentially serious, in that environmental damage may have occurred. This would have been prevented had the operator contacted the Division prior to. construction. The proposed penalty for seriousness is $500.00. SERIOUSNESS $ 500.00