ENFORCE30582

• Permit No: M1988018
• IBM Index Class Name: Enforcement
• Doc Date: 4/1/1988
• Doc Name: NOV M-87-037 FN M-80-086
• From: MLRD
• To: ANDERSEN CONSTRUCTION CO
• Violation No.: MV1987037
• Media Type: D
• Archive: No

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STATE OF COLORADO
Roy Romer, Governor
DEPARTMENT OF NATURAL RESOURCES
MINED LAND RECLAMATION DIVISION
FRED R. BANTA, Dlreetor
April 1, 1988
Mr. Dale Andersen
Andersen Construction Company
P. O. Box 509
Alamosa, Colorado 81101
Re: Notices of Violation M-87-037, AFB {Fines M-80-086, -15b'j
Dear Mr. Anderson:
As you know, the Mined Land Reclamation Board voted to continue the matter of
reconsideration of civil penalties for the referenced violations at the March
board meeting: the matter of reconsidering the civil penalties wi]1 be heard
at the Board meeting of April 27/28, 1988. This meeting will begin at 9 a. m.
on each ~iay, and will be conducted in Room 110, Centennial Building, 1313
Sherman :Street, Denver, Colorado 80203.
To restate the civil penalty history, at the October 23, 1987 Board Meeting,
civil penalties in the amount of 516,600.00 were assessed for each violation.
The Board moved to waive 58,300,00 for NOV M-87-037, if certain remedial
actions were accomplished by January 21, 1988. The remaining X8,300.00 was
payable December 9, 7987. The Board also moved to waive 511,600.00 for MOV
M-87-038 if the Board ordered remedial actions were accomplished by January
21, 1988. The remaining 55,000.00 was to be paid by December 9, 1987.
Neither the remedial actions or the civil penalties were submitted by the
dates specified.
As the civil penalties were originally assessed for mining outside of the
approved permit boundaries (violation of C.R.S. 34-32-124, failure to comply
with the terms of a permit), the Division will recommend to the Board that
civil penalties in the amount of 516,600.00 be reassessed for each violation,
with 58,300.00 of each waived if the remainder is submitted within thirty (30)
days of the Board meeting. I believe that this is consistent with the
discussion we had at the Division's offices on February 23, 1988.
If you Have any questionsy-r~comments,
~ . ~ ~; -
Steven i~. Renner
Hydrologist
SGR/rj a
CERTIFIED MAIL N0. P 168 479 914
Return Receipt Requested
please contact me.
Eentennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tei. [phone]