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S III IIIIIIIIIIIII III sss DEPARTMENT OF NATURAL RESOURCES David H. Getchee, Executive Director MINED LAND RECLAMATION DIVISION DAVID C. SNELTON, Director Richard D. Lamm Governor DATE: March 27, 1984 T0: Trinidad Basin Mine Enforcement Action File, C-048-81 FROM: M.S. Savage ~54w'dJ.~ RE: The Proposed Civil Penalty Assessment for NOV C-84-013 The above notice of violation was written for failure to satisfy the requirements of Stipulations TR2 No. 1 and TR2 No. 2 which required the certification of the new road constructed in Pit No. 2 to facilitate reclamation, and the modification of the road map to incorporate the location of a required culvert in this road. The permittee failed to resolve these concerns over the past seven months. I. History The permittee has received two previous violations 1n the preceding calendar year. These violations were NOV's 83-31 and 83-32. The Division must assess a history component of ;50.00 for each violation. History Total: II. Seriousness ;100.00 The Division views this violation as a violation of the administrative requirements of the permit. The Division feels that enforcement of the performance standards was obstructed, since the permittee had not provided proper certification that the particular road in question was constructed as designed, nor did they provide the map required by the stipulation to the permit. The permittee had over seven months in which to comply with the requirements of the stipulation, and the Division had notified the permittee that enforcement actions would be taken if all stipulations were not resolved in an expedient manner. Therefore, the Division proposes an assessment of ;200.00 for seriousness. Seriousness Total: E200.00 423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30~) 866-3567