ENFORCE33094

• Permit No: C1981021
• IBM Index Class Name: Enforcement
• Doc Date: 6/26/1981
• Doc Name: ASSESSMENT CONFERENCE FOR BOURG STRIP FN C-021-81
• From: FLATIRON COMPANIES
• To: MLRD
• Violation No.: CV0000000
• Media Type: D
• Archive: No

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COLO. DEr_T, OF t:ATU1<1 RESOURCES
POST OFFICE BOX 229, BOULDER, COLORADO 80302 RHONE: [phone]
June 23, 1981
Fred R. Banta
Senior Reclamation Specialist
Mined Land Reclamation Division
1313 Sherman Street
Denver, CO 80203
Re: Assessment Conference for Bourg Strip
File No. C-021-81
Dear Idr. Banta:
Walden Coal Company desires that the following comments be
added to the record for the above referenced conference.
A. Notice of Violation 81-14 (operating without an approved
permit).
Walden Coal believes that the issues of this violation were
adequately discussed during the conference. With reference to
Idixe Savage's memorandum on the Civil Penalty Assessment for
Nov 81-14, Walden Coal would like the following proposals to
be considered.
(1) The $100.00 for "History" is not disputed.
(2) Walden Coal believes that the "Seriousness" section
should be based on 5.04.5(b) (ii) rather than 5. 04.5 (b) (i),
since Nov 81-14 is a violation of an administrati®e requirement.
Walden Coal believes that enforcement was minimally obstructed
by this violation. By issuing Nov's 81-14, 81-15, and 81-16
the Division has clearly shown that it was not obstructed in
its enforcement of the applicable regulations. Walden Coal
proposes a penalty of $100.00 for "Seriousness".
(3) For "Fault" Walden Coal proposes a genalty of
$150.00. Walden Coal believes that 5.09.5(2)(c)(ii) is the
applicable section and not 5. 04.5(2)(c)(iii). As explained in
the conference on June 17, 1981, Walden Coal did not act reck-
lessly or knowlingly but under the mistaken belief that the
interim permit issued for the Bourg Mine included the Northgate
Loadout. The total proposed penalty for Nov 81-14' is $350.00.