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iii iiiiiiiiiiiiiiii <br />999 <br />DEPARTMENT OF NATURAI_•RESOURCES <br />Davitl N. Gstche0. Executive Direetor <br />MINED LAND RECLAMATION DIVISION <br />DAVID C. S,HELTON, Dlnetor <br />Riches D. Lamm <br />Governor <br />T0: Fred Banta, Brian Munson <br />FROM: M. S. Savage ~aYCJ.~- <br />Re: Non-payment of Civil Penalties by Trinidad Basin Mining (C-048-81) <br />Date: September 13, 1984 <br />Trinidad Basin Mining has failed to pay civil penalties in the amount of <br />$4150.00 as agreed to in settlement agreements signed by Trinidad Basin Mining <br />For NOV's C-84-013, C-84-027, C-84-28, and C-84-029. The settlement <br />agreements were signed by TBM on May 15, 1984. Repeated contacts with TBM <br />were made reminding them of their civil penalty obligation. To date they have <br />not made restitution. <br />Since the civil penalty was not paid in the 30 day time frame, though the <br />settlement agreement was signed, the penalty was automatically fixed per Rule <br />5.04.3(2)(a) at the amounts contained in the proposed civil penalties for <br />these violations, or $8485.00, total. <br />In a related manner, Trinidad Basin has not paid civil penalties relating to <br />NOV's C084-071, C-84-072, and C-84-110. The assessment conference was held on <br />July 24, 1984 and settlement agreements were issued August 14, 1984. The <br />settlement agreements were not signed. Civil penalties for NOV's C-84-011 and <br />C-84-072 were fixed automatically per Rule 5.043(2)(a) at the levels proposed <br />originally (C-84-071, $2400.00; C-84-072, $1975.00), for a total penalty of <br />$4375.00. I fixed the civil penalty for hIOV C-84-110 $1600.00 (the amount <br />proposed in the settlement agreement) on September 12, 1984. <br />Summarizing, Trinidad Basin owes the Division the following civil penalties <br />covered in this memo: <br />NOV <br />C-84-013 $ 800.00 <br />C-84-027 $1175.00 <br />C-84-028 $2350.00 <br />C-84-029 $1500.00 <br />C-84-030 $2660.00 <br />C-84-071 $2400.00 <br />C-84-072 $1975.00 <br />C-84-110 $1600.00 <br />$14,460.00 <br />/yt <br />Doc. No. 4094 <br />423 Centennial Building, 1313 Sherman Street Denver, Colorado 80203 Tel. (30~? 866-3567 <br />