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- ~ III IIIIIIIIIIIIIIII <br />~.o~co<o sss <br />,~~ g 9 <br />,Fnq~'~'V t`~~9o, DEPARTMENT OF NATURAL RESOURCES <br />y ~ ~f_\o ~ Davitl H. Getches, Executive Director <br />`~`"` MINED LAND RECLAMATI®N DI\ <br />s X876 Y DAVID C. SHELTO N, Director <br />R~chartl D. Lamm <br />Governor <br />December 28, 1933 <br />T0: TBt-1 Enforcement Action File, iJo. C-043-31 <br />FROP1: t4.S. Savage~avg6~~ <br />RE: Proposed Civil Penalty Assessment for tIOV 83-31 <br />The above i4otice of Violation was written for failure to certify that a <br />sediment pond was constructed to the designs approved by the Division in the <br />mining and reclamation pennit. <br />I. History <br />No violations were issued t~ithin the past twelve calendar months. <br />History Total: X000.00 <br />II. Seriousness <br />This violation is a violation of both performance standards and administrative <br />requirements as noted in the Notice of Violation. The Division feels that, in <br />this instance, it is inappropriate to assess civil penalty amounts for <br />probability of occurrence, and duration and extent of damages. The Division <br />does feel that enforcement of performance standards was obstructed, since the <br />permittee had not provided certification that the particular pond in question <br />was constructed as designed and approved by the Division. Therefore, the <br />Division proposes an assessment of $200.00 for seriousness. <br />Seriousness Total: $200.00 <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (303) 866-3567 <br />