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IIII IIIIIIIIIIIIIIII <br />999 <br />STATE OF COLORADO <br />DIVISION OF MINED LAND RECLAMATION <br />COAL PROGRAM <br />Explanation of Proposed Penalty for NOV C-90-045 <br />History <br />History Although the operator has been issued one (11 NOV in the <br />preceding 12 month period, that NOV has not completed administrative <br />review. Asa result there is no assessment for history. <br />B. Seriousness The failure to properly maintain the culvert did not <br />resul~in rrecognizable onsite or offsite environmental harm or property <br />damage. There was, however, potential created by the partial plugging <br />for overflow of the access road and/or adjacent county road, erosion of <br />the road, and creation of a safety hazard to drivers on the road. <br />There was some capacity remaining in the culvert, but since the <br />operator did not apparently recognize the culvert as his responsibility <br />to maintain, the potential for overflow etc. is considered at least <br />low. Assessment for seriousness is therefore set at 5250.00. <br />Fault At the time of inspection, the operator suggested that the <br />county was responsible for maintenance of the culvert. A call by MLRD <br />to the Routt County Road Department as well as a check of the permit <br />application package established that the operator had responsibility. <br />The operator should have been aware of his maintenance obligation and <br />is considered negligent for not so being. The degree of negligence is <br />considered low. Only one culvert was involved and it is situated at a <br />location where maintenance responsibility could be in doubt. As a <br />result, assessment for fault is set at 5250.00. <br />D. Days The penalty is assessed for one day. <br />Good Faith The violation has not been terminated as a result of MLRD <br />inspection. No reduction for good faith is proposed. <br />JCS/yjb <br />1576E <br />Name Printed <br />cc: Michael Savage <br />Doc No. 4672E <br />