ENFORCE31046

• Permit No: C1980000
• IBM Index Class Name: Enforcement
• Doc Date: 3/18/1985
• Doc Name: NOTICE OF PROPOSED CIVIL PENALTY
• From: MLRD
• To: BUDDY J HEALEY
• Violation No.: CO1985013
• Media Type: D
• Archive: No

Richartl D. Lamm
Governor
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DEPARTMENT OF NATURAL RESOURCES
David H. Getches. Executive Director
MINED LAND RECLAMATION DI\
DAVID C. SHELTON, Director
March 18, 1985
Mr. Buddy J. Healey
P.0. Box 85
Gulnare, Colorado 81042
Dear Mr. Healey:
We are required to assess a civil penalty for any violation of the Colorado
Surface Coal Mining Reclamation Act. In assessing the penalty for Cessation
Order C-85-13 consideration is given to the history of any violations you have
received within the past six months, the seriousness of the violation and the
degree of fault and intent. The maximum total penalty we can assess is
$5,000.00 per day of occurrence of the violation.
The maximum penalty allowable for history is $1,750.00 (assessed on the basis
of $50 per violation in the past twelve months). Since you have no history of
past violations, no penalty will be assessed.
Up to $1,750.00 can be assessed for seriousness based on the probability of
occurrence and duration and extent of environmental damage. Because your
activities were not permitted, no reclamation plan was provided and no
reclamation bond was posted with the Division, this is considered to be one of
the most serious kinds of violations. The maximum of $1,750.00 is assessed.
A maximum of $1,500.00 can be assessed for fault on the part of the person
issued a violation. Any person who has had prior contact and experience with
the Division knows that approval is required for any activity (exploration or
mining) related to the extraction of coal. For this reason, it is determined
that reckless, knowing or intentional conduct best describes the degree of
fault. The maximum of $1,500.00 is assessed for fault.
The total penalty is $3,250.00. Since the Division has no evidence that you
were mining for more than one day, the total assessment for one day is
` $3,250.00.
The enclosed Notice of Order to Pay Fixed Penalty describes the steps you need
to take to have the notice of violation and civil penalty reviewed. You must
send in the Request for Conference form (page 2) with your signature and date
within ten days after you receive this notice. Within 30 days after we
receive your request, we will hold an assessment conference where you can
present you case for reduction of the penalty. The conference officer will
then determine whether or not a penalty reduction is warranted.
423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. [phone]