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~ - ~ <br />U. S. Department of the Interior <br />June 1, 1979 <br />Page 9 <br /> <br />as the operator seeks to comply with conditions set by <br />the regulatory authority. <br />On review of all circumstances, the operator urges <br />that there has been no damage to the public, while actual <br />environmental damage has been minimal or nonexistent. <br />True potential damage to the environment has been prevented <br />in large part by the prompt action of the operator to <br />remedy any deficiencies known by the operator or brought <br />to its attention by either the regulatory authority or <br />OSM. The operator urges that most of the circumstances <br />found by the inspector existed because of the occurrence <br />of events or sequences of events which were not always <br />foreseeable -- such as the closure of the culverts by <br />the sloughing of the fill. <br />In view of the fact that the particular inspection <br />was the first conducted by OSM, and there is no history <br />of violation, and the subject matters of the notices <br />submitted by the inspector are not likely to be of a <br />recurring nature, the operator urges that any proposed <br />assessment with respect to the asserted violations should <br />be low. <br />Respectfully submitted <br />on behalf of the operator, <br />THE ROCKCASTLE COMPANY, <br />MARCH, MARCH, MYATT, KORB <br />& CARROLL <br />By: ~~L~'// <br />ark L. Korb <br />MLK:fb <br />cc: U. S. Department of the Interior c <br />Office of Surface Mining Reclamation & Enforcement <br />D. L. Damrow, Inspector <br />1823 Stout Street, Denver, Co--lorado <br />