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999 <br />Richartl D. Lamm <br />Governor <br />DATE: <br />T0: <br />FROM: <br />RE: <br />DEPARTMENT OF NATURAL RESOURCES <br />Davitl H. Gelchee. EMecu[ive Director <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. $HELTON, Dlroctor <br />July 3, 1984 <br />Trinidad Basin Mine Enforcement File, File No. C-048-81 <br />M. S. Savage ~A++ril~r-- <br />Proposed Civil Penalty Assessment for NOV C-84-110 <br />The proposed civil penalty contained in this memorandum is based on the <br />criteria found in the Rule 5.04.5, and the Mined Land Reclamation Division <br />memorandum of September 4, 1981, System for Assesment of Civil Penalties. <br />Notice of Violation C-084-110 <br />This notice of violation was written for failure of the permittee to meet the <br />requirements of stipulations 7 and 8 to the permit (C-048-81) which require <br />the permittee to submit plans for vegetation sampling, perform the sampling, <br />and submit the results for Division review and approval. <br />I. History <br />The permittee has received seven previous violations in the preceeding <br />calender year. The Division must assess a history component of $50.00 for <br />each previous violation during the calender year. 7 x $50.00 = $350.00 <br />History Total: $350.00 <br />II. Seriousness <br />The Division views this violation as a noncompliance with the approved permit <br />and a violation of administrative requirements of the Act, Rules, and Permit. <br />When a violation is a noncompliance with the administrative requirements, the <br />regulations require that the amount of civil penalty for seriousness reflect <br />the extent to which enforcement of the Act and Rules was obstructed by the <br />particular violation. The Division feels that this particular violation <br />precludes close inspection and assessment of the success of revegetation and <br />reclamation at the mine. The permittee has not provided adequate baseline <br />vegetation information, nor has the permittee provided criteria by which the <br />Division may judge the success of revegetation. Therefore, the Division, at <br />this time, cannot evaluate and fairly judge the revegetation efforts at the <br />mine. The Division views this particular obstruction as very serious, and <br />therefore, assesses $1000.00 as the proposed civil penalty for seriousness. <br />Seriousness Total: $1,000.00 <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30~) 866-3567 <br />