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III IIIIIIIIIIIII III t nor <br />sss <br />STATE OF COLORADO <br />Roy Romer, Governor <br />Q <br />DEPARTMENT OF NATURAL RESOURCES <br />MINED LAND RECLAMATION DIVISION <br />FRED R. BANTA, Dlreetor <br />DATE: December 11, 1987 <br />T0: Mike Long al Program Supervisor <br />Linda Whit Assistant Attorney General <br />FROM: Fred Bart" <br />i' ~ <br />RE: LA PLATA COAL COMPANY, CONSIDERATION OF WHETHER TO PURSUE <br />INDIVIDUAL CIVIL PENALTY <br />One of the questions that has arisen in the La Plata Coal Company Case is <br />whether the Division should request that the Attorney General or District <br />Attorney pursue Mr. Joe Carpio for individual civil penalties, imprisonment or <br />both under Section 34-33-123(9) or (10). Consideration must be given to the <br />question particularly in this case because Mr. Carpio willfully and knowingly <br />violated the law. My conclusion at this time is that we should not pursue <br />these sanctions for the reason given below. <br />The State's goal in this case has been to get the site permitted. Prior to <br />Mr. Carpio's involvement with the site, it had been abandoned and the State <br />did not have sufficient bond to reclaim it. Mr. Carpio's efforts greatly <br />improved the site and he has established a viable mining operation. It is <br />permitted and properly bonded. In addition, Mr. Carpio was assessed civil <br />penalties in excess of 510,000.00 for the violation of conducting mining <br />activity that was not authorized. Thus, given that he has already borne the <br />civil penalties and that further action on our part would he counter <br />productive to the State's mining and reclamation goals, further civil penalfy <br />or criminal sanctions should not be pursued. <br />vjr <br />3919E <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203-2273 Tel. (303) 866-3567 <br />